DUI With a Commercial Driver License in California

Lower limits in a commercial vehicle

Vehicle Code section 23152 makes it an offense to drive under the influence or with a blood alcohol concentration of 0.08% or more. When you drive a commercial motor vehicle, the same section sets a lower limit of 0.04%. A driver can therefore be over the limit in a truck or bus at a level that would not be a per se offense in a personal car.

The ordinary DUI rules apply on top of this. If you were driving your own car, the 0.08% limit and the general under-the-influence offense apply, but the consequences for your commercial license can still follow.

Federal disqualification rules

Federal regulations at 49 CFR 383.51 list major offenses that disqualify a commercial driver. For a first conviction of driving under the influence of alcohol or a controlled substance, or for refusing a test under implied consent laws, a CDL holder is disqualified from operating a commercial vehicle for one year. That applies whether the driver was in a commercial vehicle or a personal one. If the driver was transporting hazardous materials in a commercial vehicle, the period is three years.

A second conviction or refusal in a separate incident leads to a lifetime disqualification under the same table. The regulation allows states to reinstate some drivers after 10 years if they complete an approved rehabilitation program, but this is not available in every case.

Federal rules also limit how a traffic conviction can be handled for CDL holders. In general, a conviction cannot be masked or deferred through a program that keeps it off a commercial driver's record, which is why traffic school and some diversion options work differently for commercial drivers.

• Tell the attorney at once that you hold a CDL or a commercial learner's permit.
• Mention whether you were driving a commercial vehicle and whether it carried hazardous materials.
• Ask how a plea offer would be reported on your commercial record before you accept it.

The DMV case and the court case

As with any DUI arrest, the DMV administrative action runs separately from the court case, and you generally have 10 days from receiving the notice to request a hearing. For commercial drivers both proceedings can affect the commercial license, and an attorney can explain how each outcome would be reported. Your employer may also have reporting rules and drug and alcohol testing obligations of its own. Keep the pink notice, the citation and any employer paperwork together for the first call.