Truck Drivers Face Harsher Repercussions for DUI Charges

Being charged with a DUI is never an enjoyable experience, but truck drivers who are charged with a DUI have even more to worry about. Drivers who possess a California commercial driver’s license, required to drive a commercial truck for a living, are at risk for losing their license and their job when they are charged and convicted of a DUI.
Commercial truck drivers are held to an even tougher standard under California law because they are responsible for driving extremely heavy loads across long distances in the largest type of vehicle on the road. Before a driver can obtain a Commercial Driver’s License (CDL) to operate a commercial motor vehicle (CMV), they must pass random drug and alcohol testing on a consistent basis. According to the Federal Motor Carrier Safety Administration (FMCSA) rules, a commercial driver may be randomly tested for drug or alcohol use before, during or after driving a commercial vehicle. When a commercial truck driver receives a DUI charge for driving while under the influence of alcohol or drugs, their CDL will be suspended automatically. The state of California also dictates that a commercial driver’s license can be suspended for violating the state’s drug or alcohol DUI laws while driving a non-commercial vehicle.

A commercial driver’s license authorizes the license holder to operate a certain class of commercial vehicles. The different types of CDL’s in the state of California include Class A, Class B and Class C for vehicles carrying hazardous materials. There are three different laws in the state that pertain to commercial drivers and DUI charges. The first, California Vehicle Code 23152 (d) states that individuals are prohibited from driving a commercial vehicle with a BAC of 0.04% or higher. California Vehicle Code 15210 refers to “driving as a commercial vehicle under the influence” as refusing to submit to a California chemical test for blood, breath, or urine (when applicable). This second law means that a commercial driver can be charged with a DUI simply for refusing to take a test that is requested by a police officer.

The third California law pertaining to commercial drivers is California Vehicle Code 23153 (d), which states that it is illegal to drive with a BAC of 0.04% or greater while acting negligently or violating a traffic law (in addition to the DUI) that causes harm to another. In order to prove that a commercial driver is guilty of a DUI charge, the prosecution must establish that the defendant held a commercial driver’s license and that the defendant committed one of the violations mentioned in the three laws above.

Prosecutors will typically use the results of a chemical DUI blood or breath test and the testimony of the arresting officer and any witnesses at the scene to make a case against the defendant. If a commercial driver is convicted of a DUI, he or she will be faced with the possible loss of their commercial driving privileges. Depending on the nature of the DUI offense, the commercial driver may face penalties such as a maximum one-year jail sentence, up to $1,000 in fines, court-ordered attendance of a California DUI alcohol education program and more.

If you are a commercial driver who has been charged with a DUI in San Jose or the surrounding areas, your best chance at avoiding conviction and these harsh penalties is with the help of a San Jose DUI lawyer. You can’t afford to have your CDL suspended or revoked, and you must fight for your right to keep your job and your license.