Anyone facing the loss of their driver’s license for any period of time goes into panic mode; how can you possibly function? Who’s going to take the kids to school? What about grocery shopping? How are you going to get to work? Imagine then, if your entire livelihood depends on driving as the main function of your employment, and what will happen if you are not permitted to get behind the wheel for an extended period of time. This is the very real dilemma a commercial drive with a DUI charge hanging over his or her head must face.
Lower Per Se BAC Threshold under VC 23152(d)
For commercial drivers, “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”
Other Differences for Commercial Drivers
After a brief period, a restricted license is permitted for most first time non-commercial drivers convicted of DUI based on the premise that people need to drive to be able to work. This fact makes these rules for commercial drivers seem much more Draconian:
- A commercial drive can be cited for a commercial DUI even if he or she was driving a non-commercial vehicle at the time.
- A commercial driver faces the loss of license for one full year without the possibility of the issuance of a restricted license.
- A commercial drive who acquires a second or subsequent DUI faces the loss of license for life.
Types of Commercial Vehicles
For purposes of California’s commercial driver DUI laws, examples of commercial vehicles include vehicles with gross weight ratings over 26,000 pounds that tow other vehicles with gross weight ratings over 10,000 pounds, double trailers, school buses and passenger vehicles that carry ten or more individuals plus the driver. In contrast, for example, a traditional taxi cab or a recreational vehicle is not considered commercial.
Innocent drivers are accused of DUI offenses all the time. If you hold a commercial license, you can’t afford to lose it. Protect your rights; seek a consultation with an experienced Inland Empire DUI attorney.
