Los Angeles DUI and Commercial Driver's Licenses

There are special provisions in California State and Federal law that deal with people with commercial driver’s licenses who are convicted of DUI. If you are a truck driver or otherwise need a commercial driver’s license for your job and you have been charged with DUI, there are several matters you have to take into consideration.

California Vehicle Code 23152(a) prohibits driving under the influence of alcohol and/or drugs. California Vehicle Code 23152(b) makes it illegal to drive with a blood-alcohol level of 0.08 percent or more. These laws apply to all drivers in California, regardless of what type of license they carry.

Vehicle Code 23152(d) prohibits commercial license drivers from driving a commercial vehicle with a blood alcohol concentration of 0.04 percent or higher. A commercial driver license is a license that permits someone to drive and operate various classes of commercial vehicles. Class A and Class B driver’s licenses allow the operation of commercial vehicles and Class C permits the carrying of hazardous material.

A prosecutor must prove Los Angeles Driving Under the Influence of Alcohol charges against a commercial driver just as he or she would have to against any other driver. District attorneys generally rely on the testimony of the arresting officers or any other witnesses that may have been present, the results of a chemical DUI breath or blood test, and records from the DMV showing that that the person charged holds a commercial driver’s license.

It is important to remember that commercial drivers are held to a higher standard than the rest us. While the court penalties for commercial drivers convicted of DUI in Los Angeles are generally the same as those assessed to regular DUI drivers, a commercial driver’s license holder faces severe consequences as a result of a DUI conviction. Unlike regular drivers who can typically apply for a “restricted” license after 30 days have passed on their driver’s license suspension which allows them to drive to and from their job, commercial drivers are not eligible for a “restricted” commercial license. A commercial driver convicted of any first-time DUI will lose his or her commercial license for a year. A second DUI conviction will trigger a lifetime suspension of a person’s commercial driving privileges.

Because of the severe potential consequences facing commercial drivers charged with DUI, it is imperative to have an experienced, aggressive attorney on your side. Attorney Michael Kraut was a deputy district attorney for over 14 years who realizes how devastating a DUI conviction can be for a commercial driver. Mr. Kraut will aggressively defend your case and leave no stone unturned to ensure you have the best defense possible. Contact an experienced Los Angeles DUI attorney today to set up a free consultation 24/7 at (323) 464-6453.