In California, it is generally understood that you will be charged with driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08% or higher (California Vehicle Code Section 23152(b)). You can also be charged with DUI if your BAC was less than 0.08% but your mental and/or physical abilities were found to be impaired by alcohol and/or drugs (California Vehicle Code Section 23152(a)).
A DUI conviction is a very serious offense that can result in substantial jail time and fines. However, the laws and penalties are even tougher for those arrested for DUI while operating a commercial vehicle.
A commercial driver’s license is required to operate tow-trucks, tractor-trailers and buses. To operate a commercial vehicle, a Commercial Class A or Commercial Class B driver’s license is required. A Commercial Class C driver’s license is required for transporting hazardous chemicals. Because of the difficulty and risk in handling commercial vehicles, commercial vehicle drivers are held to tougher driving laws.
What Constitutes DUI for Commercial Truck Drivers? (CVC 23152(d))
Under California Vehicle Code Section 23152(d), it is unlawful for a person who has a BAC level of 0.04% or greater to drive a commercial vehicle.
Under California Vehicle Code Section 15210, you can be charged with driving a commercial vehicle under the influence if:
- You were driving a commercial vehicle with a BAC of 0.04% or greater;
- You were driving a commercial vehicle in violation of California’s general DUI laws of driving under the influence (Vehicle Code Section 23152(a)) or driving with a BAC of 0.08% or greater (Vehicle Code Section 23152(b)); or
- You refused to submit to a chemical DUI test.
Under California Vehicle Code 23153(d), it is illegal for an individual to drive a commercial vehicle with a BAC of 0.04% or greater while simultaneously acting negligently or violating a traffic law that results in bodily injury to another person.
What is the Punishment for Commercial DUI in Ventura?
Commercial drivers not only have stricter blood alcohol content restrictions when it comes to DUI, but they also are subject to more severe punishment when convicted for a commercial DUI.
A commercial driver convicted of DUI under California Vehicle Code Section 23152(a) or 23152(b) faces up to one year in county jail, a $1,000 fine and a one-year suspension of his/her commercial driver’s license. A second commercial DUI conviction for a commercial driver results in a lifetime suspension of his/her commercial driver’s license.
A conviction for commercial DUI can have a negative impact on your personal and professional life. Therefore, it is important to hire an experienced commercial DUI attorney if you are facing charges of commercial DUI. Based on the circumstances of your case, a Wallin & Klarich attorney may be able to have the charges against you reduced or dismissed.
Call a Ventura Commercial DUI Attorney at Wallin & Klarich
If you or a loved one is facing a charge of driving under the influence, it is critical that you speak to an experienced commercial DUI attorney. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending persons accused of commercial DUI. Our attorneys can fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich commercial DUI attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.