Commercial Drivers and DUI
California Vehicle Code Section 23152(d) makes it an offense to drive a commercial vehicle with a blood or breath alcohol concentration of .04% or more. The law requires a one year commercial license suspension for a person convicted of this section.
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Additionally, Vehicle Code Section 34501.15 provides that commercial drivers must be ordered out of service for 24 hours if the driver is found to have a .01% breath or blood alcohol level.
Commercial drivers will also receive a lifetime revocation of their commercial license if convicted of a second offense of 23152 (a), (b) or (d).
If a commercial driver has a blood or breath alcohol level of .08% or more, he or she would normally be charged with a violation of 23152(a) and (b), the code sections normally relied on to prosecute DUI. A conviction for a regular DUI under these sections also carries a one year commercial license suspension. However, a commercial driver could apply for a class C license and apply for a restricted license to drive non commercial vehicles.
If you have a commercial license and have been arrested for DUI in California, please call DUI Defense Lawyers Gold & Witham for a free consultation.