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Under California law, DUIs are serious offenses that can have long-term impacts on your Commercial Driver’s License (CDL). Even the slightest DUI charges can be destructive to your CDL. Generally, drivers with Commercial Driver’s Licenses are often treated differently under the California statute than those with standard licenses.
Getting a DUI in San Diego could attract many devastating penalties, including revocation of your CDL. A San Diego DUI attorney can prepare a strong defense to help minimize the possible punishments for your DUI offense.
DUI Law for Commercial Drivers
California Vehicle Code Section 23152(d) prohibits driving with a BAC of 0.08 or more. Under Section 15210, driving a commercial vehicle with a BAC greater than 0.04% is unlawful. This law was established to prevent deadly truck accidents, and it holds truck drivers to a high standard that brutally punishes responsible commercial drivers.
DUI Penalties for Commercial Drivers
DUI convictions in California could result in the suspension or restriction of your CDL or criminal penalties such as fines, jail terms, and mandatory DUI classes. As a CDL driver, you may face tougher consequences than other drivers. These penalties may include:
- Revocation of your CDL for 12 months which means you will lose your job
- Mandatory substance abuse class programs
- Up to $2000 in fines and fees
- You cannot apply for restricted driving privileges
- Up to 12 months possible jail term
- A class 1 misdemeanor can be added to your criminal record
- A second DUI conviction could mean losing your CDL for life
Defenses Against a DUI for Commercial Drivers
In California, a CDL DUI usually has similar defenses available as drivers who have been convicted with standard DUI. The main difference is that CDL convictions have an extra punishment of CDL cancellation, resulting in long-term employment ramifications. However, that does not mean all is lost. A skilled DCL DUI lawyer can evaluate your case and develop the most robust defense to fight your DUI charge and yield a positive outcome.
There are various approaches your DUI lawyer can take to challenge the state’s accusations. Here are some examples:
- Object to the accuracy and administration of the breath tests
- Review the reliability and accuracy of the testing device used to obtain a BAC
- Check if the necessary laws were observed when you were pulled over
- Determine if your vehicle meets the law requirements and standards of a commercial vehicle
How Can a San Diego DUI Attorney Help?
If you have been arrested for a DUI in San Diego, CA, the consequences can be detrimental. The only way to keep your CDL and reduce your chances of conviction is to get yourself an experienced lawyer to help fight for your charges.
At the Law Office of Elliott Kanter, we have a strong team of DUI attorneys to represent you in court and ensure your rights are protected. Call us at (619) 231-1883 or fill out our online contact form to schedule a consultation with our legal team.
