How Does DUI Law Differ for Commercial Drivers? A Legal Insight
Drunken driving is a crime under California law, including in counties like San Diego. It applies to people driving any kind of vehicle. However, those driving a commercial vehicle may face serious consequences. A truck or other commercial vehicle driver facing DUI charges may have to cope with several hurdles. These include hefty monetary fines and license cancellation. Those accused of commercial DUI charges should hire a competent lawyer to safeguard their prospects.
The hurdle of a lower BAC limit
Those accused of drunken driving must undergo tests to determine their blood alcohol concentration (BAC) limit. However, those with a Commercial Driver's License cope with a stringent limit of 0.04%, as per the existing California Vehicle Code 23152(d). For other vehicle drivers, this limit is set at 0.08%.
The stricter BAC limit on commercial vehicle drivers is not without reason, though. Commercial vehicles, including heavy trucks, may need longer to stop than other cars. These vehicles often carry potentially hazardous materials and cargo.
The results of commercial DUI charges
Commercial drivers facing DUI charges may have to deal with serious repercussions. In some cases, first-time offenders get a CDL suspension, which can be in effect for one year. Monetary fines and imprisonment can also be involved. They may have to enroll in DUI education programs.
For recurring DUI offenses, such drivers may get lifelong CDL disqualification. The jail time and acceptable amount can go up. Unlike non-commercial drivers in California, commercial drivers do not get access to any restricted license after a DUI conviction.
Most instances of first-time DUI offenses are deemed as misdemeanors in the legal perspective. However, commercial vehicle DUIs can escalate to a felony when there are serious injuries or death. A felony DUI conviction may cause permanent license revocation and hefty fines.
So, commercial drivers facing DUI charges should not waste time and look for capable car accident attorneys San Diego.
The impact of a commercial DUI on one's career
Apart from the jail terms and hefty fines, a commercial driver facing a DUI conviction will struggle in their career. Several bus companies and delivery services have strict policies for offering employment to candidates with previous DUI records. Even their previous employers may refuse them.
How do expert lawyers tackle commercial DUI cases?
Skilled and veteran attorneys fighting commercial DUI cases use every possible measure to defend their clients.
They can analyze and challenge the accuracy of the BAC Tests and try to find if the breathalyzer was faulty. Such attorneys will also check whether the police officers handling the client were adhering to the protocols.
Things commercial drivers should do after a DUI arrest
A CDL holder facing a DUI arrest in San Diego should act carefully. The driver should not make statements without consulting a lawyer. Admitting the guilt right away is not advisable either. Asking for a DMV hearing within 10 days is necessary to avoid a license suspension.
Conclusion
Commercial drivers facing DUI charges must hire the right legal expert. They should look for attorneys who specialize in these cases and assess the lawyer based on factors like success rate, client feedback, and affiliations.
