The California legislature has recognized that while impaired driving by itself is an inherently dangerous activity, the danger exponentially increases when the vehicle involved is a commercial vehicle.
Not only are these vehicles typically much larger than most passenger vehicles, those driving them are on the road at all hours and can potentially cause deadly accidents. As a result, the legislature has enacted California Vehicle Code Section 23152(d) VC, which makes it a Los Angeles DUI offense to drive a commercial vehicle with a blood alcohol content of 0.04 percent or higher. For noncommercial vehicles, the threshold BAC level is typically 0.08 percent.
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THE LAW | PENALTIES | DEFENSES | HELP YOU NEED
THE LAW
California Vehicle Code Section 23152(d) reads:
California Vehicle Code Section 23152(d) makes it a crime to drive a commercial vehicle with a blood alcohol concentration (“BAC”) of .04% or higher.
This limit applies only when a driver is driving a commercial vehicle. When a driver is driving a non-commercial vehicle (such as a car, motorcycle or small truck), California’s standard “legal limit” of .08% applies.
The important thing to remember is these limits are strict legal limits. They apply whether or not someone’s driving is actually impaired by alcohol.
In order to prove that the defendant drove a commercial vehicle with a BAC of 0.04 percent or higher, the following elements must be proven: (1) The defendant drove a commercial vehicle AND (2) when the defendant drove, his or her blood alcohol content alcohol was 0.04 percent or higher.
PENALTIES FOR VIOLATING 23152(D) VC
The penalties for driving a commercial vehicle with a BAC of 0.04 percent or higher are similar to those that would be assessed for typical DUI convictions under California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC.
Typically, the driver will be placed on probation for a period between three and five years and would be expected to complete a drug and alcohol education class. There may be jail sentences assessed in addition to community service or community labor requirements and costly court fines.
The DMV takes harsh action against commercial drivers who drive under the influence. A commercial driver would lose his or her commercial license for a year on a first time DUI offense. There would be no opportunity to get a restricted license during the suspension period. A second DUI offense would result in a permanent revocation of the commercial license.
Suspension of commercial driver’s license:
A commercial driver convicted of any DUI will also have his or her license suspended for at least one year. This suspension applies even if the driver was not driving a commercial vehicle at the time of the offense.
Loss of CDL for life if convicted of a second DUI:
A commercial driver who is convicted of a second DUI will lose his or her commercial license for life. This result is mandated by both California and federal law. It is critical, therefore, that a commercial driver fights any DUI charge vigorously.
DEFENSES FOR VIOLATING OF 23152(D) VC
There are a number of defenses that may apply when challenging DUI charges under California Vehicle Code Section 23152(d) VC. If the officer who initially pulled over the commercial vehicle did not have reasonable or probable cause that the driver was in violation of the law, the driver may subsequently be able to challenge the legality of the stop. If successful, all resulting DUI evidence would be suppressed and the case would likely be dismissed.
There may be grounds to challenge the validity of the breath or blood test if the device used was not properly maintained or calibrated or if the blood sample was not stored pursuant to required practices or lab standards. If the test results are deemed to be unreliable, the prosecutor may be unable to proceed on the criminal case.
HELP YOU NEED
If you have been charged with a Los Angeles DUI offense it is very important to consult with an experienced Los Angeles DUI Attorney as soon as possible. There are tight deadlines in every DUI case, especially in regard to driver’s licenses, and retaining an attorney early on can make a significant difference.
With many years of prosecutorial experience, Los Angeles DUI Attorney Chris Nalchadjian is highly effective at fighting all aspects of DUI charges. Mr. Nalchadjian understands the consequences a DUI conviction can carry and works hard to ensure his clients receive the best representation possible.
For more information about driving with a blood alcohol content of 0.08 percent or higher, and to schedule your free consultation, contact Los Angeles DUI Attorney Chris Nalchadian at KN Law Firm. We can be reached 24/7 at 888 950 0011 or through this contact form.