DUI Penalties for Commercial Drivers

First Offense

• License Suspension: A conviction results in a mandatory 1-year CDL suspension, even if the DUI occurred in a personal vehicle. Non-commercial driving privileges may also be suspended for 4 months.
• Jail Time: Up to 6 months in county jail.
• Fines: Fines range from $390 to $1,000, plus substantial court fees.
• DUI Education: Enrollment in a state-approved DUI education program is required.

Second Offense

• License Revocation: A second DUI conviction leads to a lifetime disqualification from holding a CDL in California.
• Jail Time: Sentences can include up to 1 year in county jail.
• Fines: Significantly increased fines and court fees.
• Probation: Extended probation terms with strict compliance requirements.

How a DUI Impacts Your CDL, Career, and Future

One of the most immediate impacts is the potential loss of employment, as many companies have zero-tolerance policies for drivers with a suspended or revoked commercial license. Additionally, the financial strain can grow exponentially with increased insurance premiums or the inability to secure commercial vehicle coverage, making it difficult to continue working in the transportation industry.

The long-term effects on your professional reputation can be equally damaging. A DUI conviction on your record can limit future job opportunities, as employers may hesitate to hire a driver with a history of impaired driving. These consequences highlight the importance of addressing DUI charges with a strategic and aggressive legal defense to protect your livelihood and future.

The DMV’s Role in Commercial DUI Cases

In California, a DUI arrest triggers not only criminal proceedings but also administrative action by the Department of Motor Vehicles (DMV). For commercial drivers, the DMV’s penalties can be as severe as those imposed by the courts, jeopardizing your ability to work and earn a living. After a DUI arrest, the DMV will automatically begin the process of suspending your commercial driver’s license (CDL), regardless of whether you are ultimately convicted in court. This suspension is an administrative penalty and is independent of the criminal case.

As a commercial driver, you have only 10 days from the date of your arrest to request a DMV hearing to challenge the suspension of your CDL. Failure to request this hearing within the 10-day window will result in the automatic suspension of your license. Unlike criminal proceedings, DMV hearings focus solely on the administrative aspects of your case, such as whether your BAC exceeded legal limits or if the arrest was conducted lawfully. Acting quickly to schedule and prepare for this hearing is critical to protecting your driving privileges. An experienced attorney can represent you at the DMV hearing, challenge the evidence against you, and fight to keep your license valid while your case proceeds

Defense Strategies for Commercial Driver DUI Cases

Breathalyzer and blood tests, often central to the prosecution’s case, are not infallible. Faulty calibration, improper administration, or medical conditions like GERD, diabetes, or ketosis can lead to inaccurate blood alcohol concentration (BAC) readings. A skilled attorney will scrutinize the testing process to identify errors and challenge unreliable results.

The legality of the traffic stop is another critical factor. Law enforcement must have a valid reason to pull you over or conduct a DUI investigation. If the stop lacked probable cause or failed to follow proper procedures, any evidence obtained could be suppressed. Similarly, the timing of BAC testing can be contested. Alcohol levels in your bloodstream can rise after you stop driving, meaning your BAC may have been within legal limits while operating the vehicle but exceeded the threshold during testing. This “rising BAC” defense requires precise examination of the timeline and evidence.

Field sobriety tests are another area open to challenge. These tests are often influenced by external factors such as fatigue, poor lighting, or uneven road conditions, which can lead to inaccurate assessments of impairment. An attorney can expose these flaws and question the reliability of the officer’s observations. Additionally, blood and breath samples must be handled according to strict legal protocols. Errors in collection, storage, or analysis can compromise the evidence, and a defense attorney will investigate whether proper procedures were followed.

Finally, many commercial drivers may not be fully aware of the stricter BAC limit of 0.04% that applies to them. If this lack of awareness can be demonstrated, it may serve as a mitigating factor to reduce charges or explore alternative sentencing options. Each of these defenses requires thorough legal knowledge and a tailored strategy, underscoring the importance of experienced legal representation.

Why You Need an Experienced Attorney for CDL DUI Defense

A DUI arrest for a commercial driver requires a defense strategy tailored to the specific circumstances of your case. Attorney Hashemi will carefully examine the details of your stop, arrest, and chemical testing to identify any violations of your rights or flaws in the evidence. For example, inaccuracies in breath or blood testing are not uncommon, and issues like improper calibration or mishandling of samples can weaken the prosecution’s case. Similarly, if the officer lacked reasonable suspicion for the stop, this could be grounds to suppress critical evidence.

Equally important is addressing the DMV hearing, which operates separately from the criminal court. You have just 10 days from the date of your arrest to request a hearing to contest the automatic suspension of your CDL. Our attorney will represent you during this process to preserve your driving privileges while building a robust defense to fight the charges in court.

In addition to defending against the criminal charges, Attorney Hashemi may also negotiate with prosecutors to reduce the charges, potentially avoiding a CDL disqualification or severe penalties.

Speak with a Los Angeles DUI Attorney to Protect Your CDL

If you are a commercial driver charged with DUI under California Vehicle Code § 23152(d) in Los Angeles, your career and driving privileges are on the line. A conviction can result in a suspended or revoked CDL, substantial fines, and even jail time. Acting quickly is essential to building a strong defense and protecting your professional future.

Attorney Arash Hashemi has over 20 years of experience successfully defending drivers against DUI charges. Our firm will meticulously analyze the facts of your case, challenge unreliable BAC results, and uncover any procedural errors to weaken the prosecution’s case. Whether advocating for you in court or representing you at your DMV hearing, We are dedicated to securing the best possible outcome for your case.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.