What If My BAC Was 0.04 While Driving A Commercial Vehicle?
People who drive commercial vehicles can potentially be more dangerous on the road. The Department of Motor Vehicles has created different standards for these drivers, which can cause your CDL license to be suspended for a year. A commercial vehicle DUI is covered under Vehicle Code 23152(d).
You want to have a DMV hearing in that scenario, and hire an attorney who is familiar with defending people with commercial licenses, who drive for their employment and livelihood. You have to be extra careful when you hold a commercial license because of the ramifications that can flow from a DUI arrest in Los Angeles. It takes a skilled attorney to get you back on the road and driving safely.
How Does Getting A DUI Affect My Commercial Driver’s License?
You can hold two different licenses, one being the commercial license and the other being a regular driver’s license. If you got a full-fledged DUI, the California DMV will typically suspend your commercial license for a period of one year.
You will still be able to drive your regular vehicle after you serve out whatever suspension they give you. Typically, that suspension will be a one month real suspension and a five months restricted license, where you will have to install an ignition interlock device on your vehicle and comply with other requirements.
Any conviction for DUI, whether you are driving your commercial vehicle or not, can put you in a bad situation and affect your CDL.
If you get arrested for a DUI, you are going to want to defend that arrest by having an attorney who has experience dealing with commercial licenses, can deal with the DMV hearing, and knows the ins and outs of protecting your commercial license, as well as your regular driver’s license.
In Los Angeles, everyone needs their driver’s license. If it’s your commercial driver’s license in question, that affects your employment and your ability to earn a living.
Can I Still Apply For A Restricted Non-Commercial Driver’s License?
The California DMV controls everything related to driver’s licenses, whether it be a commercial driver’s license or a regular driver’s license. If your commercial driver’s license gets suspended for a year, they are not going to give you any ability to drive during that year.
In a non-commercial vehicle, however, if it’s the first offense, you would be able to drive after one month and you would have a restricted license. Before you do anything after a DUI arrest, you are going to need to consult with an attorney.
In coordination with that attorney, you are also going to need to deal with the Department of Motor Vehicles about getting your driver’s license back and exactly what steps you have to take.
You are obviously going to need to get everything in writing. You don’t want to be in a position where your license is suspended and you think that you can drive, but you really can’t. Then, you are going to be arrested for driving on a suspended license, which is a mandatory minimum of ten days in jail and puts a misdemeanor conviction on your record.
Defenses Against A DUI For Commercial Drivers
As far as defenses go for DUI in Los Angeles County, the defenses for both commercial licenses and a regular license are basically the same. You have to be driving a vehicle, obviously, in order to get a DUI.
The definition of driving is interesting, as someone could be blocking the road and not moving, and that would be still considered driving. If the police illegally stopped you, that would be a way to get out of suspension for both your commercial driver’s license and your regular driver’s license.
Lastly, if there is an issue with the blood or breath test, that would be another potential way to get out of your suspension.
For more information on DUI While Driving A Commercial Vehicle, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0963 today.
Call Us Today For A Free Case Evaluation