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. 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.
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!