Bakersfield Commercial Driver DUI Attorney
Strong & Skilled Representation to Protect Your Livelihood
Commercial drivers have strict impaired-driving restrictions and penalties, especially when it comes to a DUI charge. The laws are different from regular drivers, and the consequences can be life-changing. Brehmer Law Corporation is highly experienced and familiar with a wide variety of DUI cases, including those involving commercial drivers. It is crucial that you contact our Kern County DUI lawyer as soon as possible following the incident. We can help by filing challenges to protect you from license suspension, loss of employment, fines, and other penalties.
Contact Brehmer Law Corporation at (661) 430-0868 and put experience and knowledge on your side.
What Are the Requirements for a Commercial DUI Charge?
In order to be charged with a DUI, commercial drivers must be found to have been driving under the influence of alcohol or another controlled substance. It is worth noting that the blood alcohol concentration (BAC) limit is much lower for commercial drivers: 0.04%, versus 0.08% for non-commercial drivers.
Other substances may include:
- Marijuana
- Cocaine
- Amphetamines
- Opiates
- Phencyclidine (PCP)
Typically, DUI charges are determined by failed blood and breath tests, random employer-administered drug tests, or inspection from a drug expert. Refusal to submit to one of these tests gives reason to charge a commercial driver with a DUI, due to implied consent and FMCSA policies. Bakersfield DUI lawyer, attorney Jeremy Brehmer has a highly knowledgeable scientific background, giving him unique insight into test procedures and potential inaccuracies that can aid in your defense.
Commercial Driver DUI Penalties
Did you know a DUI conviction can affect your employment as a commercial driver for five years? The Federal Motor Carrier Safety Administration’s CDL Drug and Alcohol Clearinghouse is a database specifically designed to hold information regarding drivers’ drug and alcohol violations. Each year, employers are required to query the Clearinghouse for each driver they employ. Commercial drivers’ DUI convictions will be recorded in the database for five years or more.
Upon the first DUI offense, the driver’s commercial driver’s license will be suspended for a year, making employment as a commercial driver impossible during that time. The second offense within ten years will result in permanent CDL disqualification by the FMCSA. In addition to the loss of employment and CDL suspension or cancellation, DUI convictions can result in fines, treatment programs, and even jail time.
Frequently Asked Questions
What Is the Legal BAC Limit for Commercial Drivers in California?
Commercial drivers are held to a much stricter standard than non-commercial motorists. In California, a CDL holder can be charged with DUI if their blood alcohol concentration (BAC) is 0.04% or higher while operating a commercial vehicle. This lower threshold reflects the higher safety responsibility placed on commercial drivers and can lead to immediate CDL-related consequences even on a first offense.
Can I Refuse a Breath or Blood Test as a Commercial Driver?
Refusing a chemical test can seriously worsen a commercial DUI case. Under implied consent laws and Federal Motor Carrier Safety Administration regulations, refusal may result in automatic CDL suspension and additional penalties, even if a DUI conviction is not ultimately obtained. Employers and licensing agencies often treat refusal as severely as a failed test.
How Does a DUI Affect My CDL Through the Clearinghouse?
A DUI conviction or refusal is reported to the Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse, a national database that employers are required to check annually. Once entered, the violation can follow a driver for years and may prevent them from being hired or continuing employment in the commercial driving industry.
What Is the “10-Day Rule” After a Commercial DUI Arrest?
After a DUI arrest, commercial drivers typically have only 10 days to request a DMV hearing to challenge the automatic license suspension. Missing this deadline can result in an immediate administrative suspension, regardless of what happens in criminal court. Acting quickly allows an attorney to contest the suspension and preserve driving privileges while the case is pending.
Can a Commercial DUI Be Based on Prescription or Legal Drugs?
Yes. A commercial DUI does not require alcohol alone. Prescription medications, marijuana, and other controlled substances can also lead to charges if they impair driving ability or show up in testing. Even legally prescribed medication can create legal exposure if law enforcement believes it affected safe operation of a commercial vehicle.
How Do Testing Errors Affect Commercial DUI Cases?
Breath and blood tests are not always flawless. Improper calibration, contamination, chain-of-custody issues, or medical conditions can produce unreliable results. A knowledgeable defense attorney can examine whether testing procedures complied with required standards and challenge inaccurate or misleading evidence used against a CDL holder.
Can an Out-of-State DUI Impact My California CDL?
Yes. Even if a DUI occurs outside California, it can still affect a commercial driver’s ability to maintain or obtain a CDL in the state. Violations are often shared across states and reported to federal systems like the Federal Motor Carrier Safety Administration Clearinghouse, which means employers nationwide may become aware of the offense and take action.
To find out more about the specifics of your charges and how our Bakersfield commercial driver DUI attorney can help you protect your future, call (661) 430-0868 today.
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