DUI and the Commercial Driver
DUI Charges for the Commercial Driver
California Vehicle Code Section 23152 (d) reads as follows:
(d) It is unlawful for a person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
This law establishes a modification of the Per se 0.08 BAC standard by lowering the standard to 0.04 for those who are ACTUALLY driving a commercial vehicle while simultaneously having a blood alcohol concentration of 0.04 or higher. Note that this is not a separate standard for those who have a commercial (Class A license) but rather this is for those driving a commercial vehicle. So for example, it would be illegal for someone who does NOT have a commercial license to drive a commercial vehicle with a BAC of 0.04 or higher, but a commercial driver ( class A license holder) who is driving a non-commercial vehicle is only held the 0.08 BAC standard.
For purposes of testing for a BAC of 0.04 or higher the testing must occur within 3 hours of the time of driving in order for the retrograde presumption to apply. Thus if testing occurs within 3 hours of drive time, and the test reveals a BAC of 0.4 or higher, and the driver was driving a commercial vehicle, then this is presumptive violation of this statute.
The DMV Suspension of a Commercial License for DUI
If a person who possess a Class A, commercial License loses their DMV hearing, they will lose their commercial license for one full year without any options for a restricted license relating to the Class A. However, the commercial driver, can get a restricted Class C license just like any other class C driver can, if they meet the requirements of enduring the 30 days of suspension, pay $140, Obtain an SR-22, and Enroll in a state approved alcohol class. This restricted license will only allow the driver to drive a non-commercial vehicle for work purposes.
Commercial Drivers and Sacramento DUI’s
The Sacramento County District Attorney prosecutes DUI cases aggressively and Commercial cases particularly aggressively. If you are a commercial driver facing DUI charges in the Sacramento area you should call us immediately. All hope is not lost. Remember, just because you are charged with a DUI, does not mean you will be convicted of DUI. We know how to help. Call our office immediately and our team of experienced DUI Attorneys will do all we can to protect your license.