Facing a conviction for driving under the influence (DUI) can impact your life in significant ways. You run the risk of all manner of criminal penalties, and if you have a commercial driver’s license (CDL), you could end up losing your job.
Drivers with CDL licenses are subject to higher standards than other drivers, and can therefore face stiffer penalties. CDL holders can face a year-long CDL revocation for a first-offense DUI, and a lifetime revocation for a second-offense DUI. Additionally, if driving a commercial vehicle, the BAC limit for CDL drivers is half of that: 0.04%. CDL holders in non-commercial vehicles are otherwise subject to the same DUI laws.
A DUI arrest with a CDL in California requires immediate action to protect your livelihood and your freedom. If you have been arrested and charged with a DUI, it’s important to know what steps to take in the aftermath and how a Southern California DUI defense attorney can help fight for your rights.
Take Immediate Action to Protect Your CDL After a DUI Arrest
After a DUI arrest with a commercial driver’s license, acting quickly is vital. One of the first things to do is hire a CDL DUI attorney. These cases tend to be complex, and there’s too much at stake to manage them without legal representation. An attorney who offers DUI defense for truck drivers and other holders of CDLs can assist you in understanding state and federal regulations that apply to your case.
You may need to let your employer know of the DUI arrest. Commercial vehicle DUI laws set forth by the Federal Motor Carrier Safety Administration (FMCSA), as well as your employment contract, typically require that you report a DUI citation immediately. Employers are often automatically notified of a CDL holder’s DUI arrest by the DMV.
Vitally, you only have 10 days from the date of the DUI arrest with a CDL to request an administrative hearing with the DMV. The moment that you’re arrested, you run the risk of a license suspension of one year, or a lifetime disqualification.
This is a process that occurs separate from court proceedings. To halt the process, you will need to retain a lawyer to request a DMV Administrative Per Se (APS) hearing within those 10 days. If you miss this deadline, your license may be automatically suspended.
Understand How a DUI Arrest Can Affect Your Commercial Driving Career
A DUI arrest with a CDL can have serious consequences. CDL DUI penalties in California are typically more severe for holders of commercial driver’s licenses than standard passenger vehicle drivers. For one thing, you could face up to a one-year CDL revocation period, while a regular driver would face only up to six months of license suspension. No restricted license options are available for CDL holders.
For a CDL holder, that suspension can increase to three years if you were carrying hazardous materials at the time of the arrest. If it is your second DUI conviction, you can face a permanent, lifetime ban from holding a CDL. There are currently no hardship licenses available in California during the mandatory suspension periods.
If convicted, commercial driver DUI consequences can include fines of up to $1,000, probation for up to five years, and the need to take education programs. A DUI with a commercial license can also mean possible jail time.
The majority of trucking, delivery, and bus companies have a zero-tolerance policy when it comes to DUI charges. With that in mind, what happens after a CDL DUI arrest?
Most of the time, you will face termination from your employment. A DUI conviction will alter your driving record, which future employers will be able to see, and because a conviction usually leads to higher insurance premiums for employers, they could be less likely to hire you.
Responding to CDL Administrative Actions and License Consequences
CDL holder DUI charges start the administrative process of license suspension. Keep in mind that if you refuse a breath or blood test, you generally face a suspension as well.
As soon as the arrest occurs, you will need to hire an attorney to file for an administrative hearing with the DMV. You typically only have 10 days to do this before the suspension begins.
It’s always a good idea to have a commercial DUI lawyer in California helping you through this process. They will know how to properly file for these hearings and present evidence that could prevent you from having to deal with a license suspension.
Aside from the administrative process, you will need to prepare a strong CDL DUI case defense for the court proceedings. Your attorney is invaluable for this process.
Gather and Preserve Evidence That May Help Your CDL DUI Defense
As part of your California CDL DUI defense, you will need to gather substantial amounts of evidence. Video footage of the traffic stop that led to the arrest can be particularly helpful, along with the data from your vehicle’s “black box.”
You may need chemical test records. Gather breathalyzer calibration logs, along with maintenance schedules and chain of evidence records.
Certain medical conditions can impact sobriety test results. If you have diabetes or injuries, providing clear records of this can help your commercial driver’s license DUI defense because it brings doubt into the accuracy of the field sobriety test results.
Eyewitness accounts are vital, as well. They can provide details that can make a difference in the case. Make sure to gather evidence from the scene, too, like photos of the weather and lighting conditions, and write down a detailed account of your experience.
Employer Responsibilities and Federal Reporting Requirements
Commercial driver license suspension DUI cases demand that employers take certain steps. Once the employer has been notified of a CDL DUI conviction, they usually must bar the driver from operating a commercial vehicle of any kind.
The employer also has to prevent the person from performing any safety-sensitive roles. Additionally, employers must report the incident to the DOT Drug and Alcohol Clearinghouse within three business days.
Employers are required to conduct annual and pre-employment queries from the Clearinghouse to make certain the people they’re considering hiring and their existing drivers are not restricted because of previous drug or alcohol use convictions.
Employers must also maintain confidential records of drug and alcohol violations for each of their drivers for at least five years.
Plan for Potential CDL Reinstatement and Returning to Commercial Driving
One of the most common commercial driver DUI conviction penalties is license suspension. You may be able to reinstate the license and return to your work, but the process can be difficult.
The first step is to reinstate your regular license, which includes paying fines and fees. You will need to obtain high-risk SR-22 insurance and complete state-approved DUI education or treatment programs.
If the DUI resulted in a DOT violation or was reported to the Clearinghouse, you must complete a substance abuse professional evaluation and typically an alcohol or drug education program. You will then have to pass a return-to-duty test and agree to follow-up testing.
Once you meet all of these terms, you will need to visit your local DMV to apply for a commercial learner’s permit if your CDL was expired or surrendered. You must pass a DOT physical exam and then pass the CDL written and skills tests.
How a CDL DUI Defense Attorney Can Help Protect Your License and Career
CDL DUI legal consequences can be severe. A defense attorney will know how to gather the appropriate evidence to bring doubt into your charges.
Your attorney can challenge the traffic stop that resulted in the arrest and ensure that there was a legal reason for the officer to have stopped you in the first place. If the stop wasn’t lawful, then the evidence gathered at the scene could be inadmissible.
Your lawyer will also scrutinize chemical tests. If protocol wasn’t followed or the devices used weren’t calibrated or maintained correctly, the results could be invalid.
They can also bring into play any health issues you may have that could impact the result of breathalyzer tests. An attorney will know how to quickly file for DMV hearings so that you don’t automatically face a one-year suspension.
In instances when there is significant and credible evidence against you, your attorney can negotiate to have your charges reduced as much as possible. This can help preserve your career.
Protecting Your Livelihood After a CDL DUI Arrest
What happens to your CDL after a DUI? If you don’t take active steps to manage the charges, you could end up losing your license and your career as a commercial driver.
At Gressley & Donaldson, LLP, we can provide the full support you need from a defense attorney. We have decades of experience assisting people throughout Southern California who have been arrested for driving under the influence.
We understand the challenges that these cases pose, especially when dealing with a commercial license. When you hire our team, you can count on us to tirelessly help you get through this difficult time in your life. Don’t wait a moment after being arrested for a DUI. Contact our team to schedule a free consultation today.
