Recently, a California court affirmed in Ziehlke v. Valverde (2011) Cal.App.Lexis 77, that a commercial driver can lose his or her driving privilege for one year, if convicted of driving any vehicle with a blood alcohol level greater than .08%. The court determined that a commercial driver who is “convicted” of driving with a blood alcohol level greater than .08%, can be subject to the one-year license suspension at an administrative hearing conducted by the Department of Motor Vehicles.
This holding affirms that a commercial driver can lose his or her commercial driver’s license for one year at an administrative per se hearing conducted by the Department of Motor Vehicles. This raises serious concerns for individuals with a commercial license whose livelihood depends on their ability to operate a commercial vehicle.
If you or a loved one has been cited for driving a blood alcohol level above .08% and have a commercial driver’s license, you should contact an experienced Fresno criminal defense attorney today.