Commercial drivers are subject to some of the highest levels of scrutiny. Semi-truck drivers are limited to certain amounts of driving per day, and any signs of unfitness can lead to removal from being grounded. If law enforcement believes that you were drinking while driving, however, you face some of the highest driving penalties under California Law.

A Commercial Driving Under the Influence conviction results in mandatory disqualification from operating commercial vehicles, with a lifetime ban for a second offense, leaving drivers unable to continue their professional careers.

CDL DUI Attorney in San Diego

If you have been charged with a DUI as a commercial driver’s license holder, you may be panicking. Your livelihood rests on whether or not you are able to retain your CDL, and a DUI can result in the loss of your ability to drive for a living.

However, just because you have been charged with a DUI does not mean that you have no options.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every type of DUI, and is ready to build your CDL DUI case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Commercial DUI in California

Back to top

DUI for Commercial Drivers

A DUI for commercial drivers in California is defined under California Vehicle Code Section 23152(d). This law makes it unlawful for a person holding a commercial driver’s license (CDL) to operate a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This BAC limit is stricter than the 0.08% limit that applies to drivers of non-commercial vehicles.

It is important to note that the 0.04% limit applies only when the driver is operating a commercial vehicle. If a CDL holder is driving a non-commercial vehicle, the legal limit reverts to 0.08%, the same as for other drivers.

In addition to alcohol, Vehicle Code Sections 23152(f) and 23152(g) prohibit driving under the influence of drugs or a combination of alcohol and drugs. Commercial drivers are subject to these laws whether they are driving a commercial or non-commercial vehicle.

Back to top

Will You Lose Your CDL for a DUI in California?

Under California Vehicle Code Section 15300, a first DUI conviction results in a mandatory one-year suspension of the CDL, regardless of whether the offense occurred in a commercial or personal vehicle. This penalty may be reduced or waived, depending on your lawyer’s ability to negotiate with the court, and the level of intoxication associated with your arrest.

However, a second CDL DUI will result in the loss of your CDL. California Vehicle Code Section 15302 imposes a lifetime disqualification from holding a CDL. This disqualification applies even if the second DUI occurs while driving a non-commercial vehicle.

Back to top

What Happens to Your Regular Driver’s License After a CDL DUI?

For a first DUI offense in a personal or commercial vehicle, California Vehicle Code Section 13352 mandates a six-month suspension of the driver’s regular license.

If the driver refused to submit to a chemical test, Vehicle Code Section 13353 requires that the driver’s license is suspended for one year, in addition to any commercial suspensions.

Back to top

Restricted CDL

California law does not allow for a restricted CDL during the mandatory suspension period following a DUI conviction. This restriction applies to both first-time and repeat offenders.

Commercial drivers who lose their CDL may still apply for a restricted non-commercial license to meet essential personal needs, such as commuting to work or attending a DUI education program. To qualify, the driver must enroll in a DUI program, provide an SR-22 form, and pay applicable fees.

For those seeking to reinstate their CDL after a suspension, they must meet all reinstatement requirements, including completing any required DUI programs and maintaining proof of insurance. However, a second DUI conviction results in a lifetime disqualification under Vehicle Code Section 15302, with no opportunity for reinstatement.

Back to top

Appeals

Commercial drivers facing CDL suspension or disqualification have limited but crucial legal options to appeal the decision. Drivers may request a DMV hearing within 10 days of the arrest to contest the suspension or disqualification based on procedural errors or lack of evidence, such as improper chemical testing or unlawful traffic stops. Additionally, drivers can file an appeal in civil court to challenge the DMV’s decision if there were errors in applying the law or considering the evidence.

Back to top

Additional Resources

California Driver’s Handbook – Provided by the California Department of Motor Vehicles (DMV), this California Driver’s Handbook explains DUI laws in California. It includes details about BAC limits for drivers, penalties for DUI convictions, and specific rules for drivers under 21. The resource also outlines the effects of alcohol and drugs on driving ability and provides guidance on handling DUI-related situations.

Commercial Driver’s License Drug and Alcohol Clearinghouse – This database, maintained by the Federal Motor Carrier Safety Administration (FMCSA), tracks violations of U.S. Department of Transportation drug and alcohol regulations for CDL holders. It helps employers monitor current and prospective drivers’ compliance with these rules.

Superior Court of San Diego County DUI Addendum – This addendum, provided by the Superior Court of San Diego County, details the legal consequences of DUI convictions under California Vehicle Code sections. It outlines sentences, fines, license suspensions, and program requirements for first-time and repeat offenders. The document also covers penalties for related offenses, including reckless driving and license violations.

Back to top

Hire an Attorney for CDL DUI in San Diego

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every type of DUI, and is ready to build your CDL DUI case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.