A lower threshold, and a separate consequence.
Two things make a DUI different for a commercial driver, and both are statutory.
The threshold is lower. Vehicle Code section 13353.2 provides for suspension where a person driving a vehicle that requires a commercial licence had 0.04 percent or more by weight of alcohol in their blood — half the 0.08 figure that applies otherwise.
The disqualification is separate from the licence suspension. Under Vehicle Code section 15300, a driver shall not operate a commercial motor vehicle for a period of one year on conviction of a first violation of a list of offences that includes subdivisions (a), (b) or (c) of section 23152 while operating a motor vehicle, subdivision (d) of 23152, and section 23153. Leaving the scene of an accident and using a motor vehicle to commit a felony are on the same list.
Read that carefully: the disqualification can follow a DUI in any vehicle, not only a commercial one. Section 15302 deals with longer and lifetime disqualifications for repeat conduct.
What that means in practice.
For most people a DUI is a serious inconvenience. For a commercial driver it is usually the job. A one-year disqualification under section 15300 doesn't restrict when you can drive commercially — it stops it.
This is also why the standard advice on other pages can mislead you. A reduction that looks attractive in the criminal court, including a wet reckless, should never be accepted on the assumption it protects the commercial licence. That has to be checked against the disqualification provisions specifically.
And the administrative case still runs on its own 10-day clock. See the DMV hearing.
What usually matters.
Telling your attorney you hold a CDL, immediately. It changes what a good outcome even looks like. Don't assume it's obvious from the file.
Which vehicle you were in. It affects the threshold that applies, though not necessarily whether the disqualification follows.
The 0.04 line. Results near a threshold put the testing itself under much more weight — device, calibration, timing, procedure.
Employer reporting obligations. These exist independently of anything the court or the DMV does, and they run on their own timeline.
How I handle these.
- Read the file first. Before I tell you what I think of it. What the report supports is usually narrower than what it alleges.
- Check the technical ground. The stop, the search, the testing, the paperwork — each of which is checkable rather than a matter of opinion.
- Work out what a good outcome looks like for you. That depends on your job, your record, your licence and what you actually need to protect. It isn't the same answer for everyone.
- Negotiate from what the file supports. Most cases resolve, and the leverage comes from knowing precisely what it will and won't carry.
- Trial where the offer isn't reasonable.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402.
Questions I hear most.
What's the alcohol limit for a commercial driver?
Vehicle Code 13353.2 provides for suspension at 0.04 percent or more by weight for a person driving a vehicle that requires a commercial driver's licence — half the usual 0.08. For the wider picture, see licence and DMV hearings.
I got the DUI in my own car. Does my CDL survive?
Not necessarily. Section 15300 lists convictions that trigger a one-year commercial disqualification, and several of them are not limited to driving a commercial vehicle. This is the single most common and most costly misunderstanding I see. For the wider picture, see licence and DMV hearings.
Will a wet reckless protect my commercial licence?
Don't assume so. That has to be checked against the disqualification provisions rather than assumed from how the criminal charge is labelled. The DMV hearing is the proceeding that 10-day clock buys you.
How long is the disqualification?
Section 15300 sets one year for a first violation of the listed offences. Section 15302 deals with longer and lifetime disqualifications for repeat conduct. For the wider picture, see licence and DMV hearings.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. California criminal statutes commonly amend effective 1 January — if you are reading this well after that date, ask me rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
