Orange County Criminal Lawyers
Commercial Drivers DUI in Aliso Viejo
In Aliso Viejo and California, if you have a commercial driver’s license (CDL), you are held to a higher set of standards than any other driver because of how you are more qualified and how the license is supposed to demonstrate your competent driving abilities as a professional. In order to obtain a commercial driver’s license, you must possess specific knowledge and be able to demonstrate certain professional skills that the normal driver’s license owner would not have to know or do. The very purpose for the creation of a commercial driver’s license was to ensure that only the most qualified and safe drivers were being allowed to commercially operate vehicles. Whereas other drivers require a blood alcohol concentration (BAC) of 0.08% or higher in order to be arrested for a DUI, a CDL holder’s BAC only needs to be 0.04% or higher to be arrested.
An example of a circumstance where someone would be charged with a Commercial Driver’s DUI would be if, after going to a bar and having a drink, a truck driver were to go and get back into their commercial vehicle and continue operating it, were pulled over by an officer. The truck driver’s BAC is found to be at about 0.06%, which is below the 0.08% concentration level for normal drivers, but above the 0.04% for commercial drives. Therefore, the driver would still be get arrested and charged with a DUI.
Accordingly, penalties for CDL holders who drive under the influence of alcohol or drugs are also higher or stiffer. CDL holders who drive HAZMAT or hazardous material vehicles face even stiffer penalties than CDL holders who drive other commercial vehicles.CDL Holders Are Held to a Higher Standard
According to California Vehicle Code (CVC), 23152 and 23153 (d) it is an offence by a CDL holder to drive with a BAC of 0.04%. The CVC has further nuances that a CDL holder should have in mind including:
- The court will assume you were driving under the influence if you were tested within three hours after driving and found to have a BAC of 0.04% or more.
- If you are tested and found to have a BAC of 0.01% or higher, you will be ordered to be out of service for 24 hours. The California Highway Patrol (CHP) is authorized to adopt and enforce rules and regulations to carry out this duty.
- If you violate the administrative regulations set by the CHP in (2) above, then you will be cited for an infraction.
- If you are a CDL holder who operates common carriers, for example, streetcars, trains, airplanes or boats, then you are outlawed from drinking or using drugs in operating such vehicles. A BAC of 0.01% is presumed to be intoxication.
Contact the Johnson Criminal Law Group today to defend your license and retain your livelihood now!