A DUI can have especially serious consequences for a commercial driver. Losing commercial driving privileges can threaten a person’s livelihood even when the DUI arrest occurred while driving a personal vehicle rather than a commercial vehicle.
California commercial drivers are subject to additional rules involving alcohol, commercial motor vehicles, and CDL disqualification. It is therefore important to distinguish between the criminal DUI case, the driver’s ordinary driving privilege, and the person’s ability to operate a commercial motor vehicle.
Can You Lose Your CDL for a DUI in California?
Yes.
A DUI conviction can result in disqualification from operating a commercial motor vehicle. Importantly, a commercial driver can face CDL consequences even when the DUI occurred while driving a personal, noncommercial vehicle.
The exact consequences depend on the offense, prior history, whether a commercial vehicle was involved, and other circumstances.
For someone who earns a living as a truck driver, delivery driver, bus driver, or other commercial driver, protecting commercial driving privileges can be one of the most important issues in the case.
What Is the BAC Limit for a Commercial Driver in California?
California applies a lower blood alcohol concentration threshold when a person is operating a commercial motor vehicle.
While California generally uses a 0.08% BAC threshold for the per se alcohol DUI offense applicable to most adult drivers, a person operating a commercial motor vehicle can face a separate offense at a BAC of 0.04% or greater.
That distinction makes the type of vehicle being operated at the time of the alleged offense particularly important.
Can a DUI in Your Personal Vehicle Affect Your CDL?
Yes.
Commercial drivers sometimes assume that their CDL is safe because they were driving their own car when they were arrested.
That is not necessarily true.
Certain DUI-related convictions can result in commercial driving disqualification even when the offense occurred in a noncommercial vehicle.
The fact that the person was off duty or driving a personal vehicle therefore does not eliminate the potential effect on a commercial driving career.
How Long Can You Lose Your CDL After a DUI?
A first qualifying DUI-related offense can generally result in a one-year disqualification from operating a commercial motor vehicle.
Different or longer periods can apply in some circumstances, including certain offenses involving a commercial vehicle transporting hazardous materials.
A second qualifying major offense can result in much more severe commercial-license consequences, including lifetime disqualification in circumstances specified by law.
Because prior offenses can dramatically change the result, a commercial driver’s complete driving and conviction history should be reviewed carefully.
What Other Offenses Can Cause CDL Disqualification?
DUI is not the only major offense that can affect commercial driving privileges.
Depending on the circumstances, CDL disqualification can also result from offenses involving:
- Operating a commercial motor vehicle with a BAC of 0.04% or greater
- Certain chemical-test refusals
- Leaving the scene of an accident
- Certain felony offenses involving a motor vehicle
- Driving a commercial motor vehicle while commercial driving privileges are suspended or revoked
- Certain offenses involving a fatality
- Other serious or repeated commercial-driving violations
The applicable disqualification period depends on the particular offense and the driver’s history.
Can You Get a Restricted CDL After a DUI?
A DUI-related restriction should not be confused with permission to continue operating a commercial motor vehicle.
California DMV requires a commercial driver’s license holder to downgrade to a Class C noncommercial driver’s license in order to obtain qualifying DUI restricted-license options.
In other words, an eligible commercial driver may be able to obtain restricted privileges to drive a noncommercial vehicle, but that does not mean the driver can continue operating a commercial motor vehicle during the CDL disqualification period.
This distinction is especially important for drivers whose employment requires an active CDL.
Can You Get a Restricted Noncommercial License?
Possibly.
If a CDL holder was not operating a commercial vehicle at the time of the offense, California DMV provides a process through which an eligible driver may seek restricted noncommercial driving privileges after satisfying applicable requirements.
The driver must downgrade from the CDL to a Class C noncommercial license to obtain the restriction.
Eligibility and timing depend on the circumstances of the DMV action and the driver’s history. Requirements may include a mandatory suspension period, DUI-program enrollment, proof of insurance, applicable fees, and other DMV requirements.
A restricted Class C license does not authorize the person to drive a commercial motor vehicle.
What Happens to Your Job if Your CDL Is Disqualified?
For a professional driver, the employment consequences of a DUI can be as significant as the criminal penalties.
A CDL disqualification may prevent a person from performing commercial-driving duties even if the person still has some ability to drive a personal vehicle.
Employers may also have their own policies regarding DUI arrests, convictions, driving records, insurance eligibility, or commercial-license status.
Employment consequences therefore depend not only on California DUI law but also on the driver’s job and employer requirements.
The DMV Case Is Separate From the Criminal DUI Case
As with other California DUI arrests, a commercial driver may face both a criminal case and a separate DMV proceeding.
The criminal court determines whether the person is guilty of the charged DUI offense and what criminal penalties apply.
The DMV separately addresses the person’s driving privileges.
Following a qualifying DUI arrest, the notice provided to the driver generally gives only 10 days to request an administrative hearing challenging the suspension or revocation.
For a commercial driver whose livelihood depends on driving, that deadline can be particularly important.
Can a Commercial Driver Fight a DUI Charge?
Yes.
Holding a commercial driver’s license does not reduce the prosecution’s burden of proving the criminal charge.
Depending on the circumstances, a DUI defense may involve examining:
- The legality of the traffic stop
- Officer observations
- Field sobriety testing
- Breath or blood testing
- Whether chemical-testing procedures were followed
- Whether an alleged refusal legally occurred
- The type of vehicle being operated
- The accuracy of alleged prior convictions
- Other evidence surrounding the arrest
The DMV proceeding may involve additional issues concerning the administrative suspension or revocation.
Why DUI Charges Are Especially Serious for Commercial Drivers
For many defendants, a driver’s license is important.
For a commercial driver, it may be essential to earning a living.
A DUI case can therefore involve several overlapping concerns:
- A criminal prosecution
- Ordinary driver’s license consequences
- Commercial driving disqualification
- Employment consequences
- Insurance and employer requirements
Those consequences make it important to evaluate both the DUI charge and the commercial-license implications from the beginning of the case.
Learn More About California DUI Defense
For additional information about DUI penalties, DMV proceedings, license restrictions, and repeat offenses, read our guide to California DUI penalties.
You can also learn more about California DUI laws, BAC limits, and penalties and our Fresno DUI defense services.
Talk to a Fresno DUI Attorney
If you hold a commercial driver’s license and have been arrested for DUI in Fresno or elsewhere in Central California, the potential effect on your livelihood makes it important to address both the criminal charge and driver’s license issues promptly.
Gregory W. Fox has more than 20 years of experience defending people accused of DUI and other California criminal offenses.
Call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.