Got a Commercial DUI in Sacramento? We’ll Save Your Job!
Sacramento Commercial DUI Attorney Group
Commercial drivers and operators are given a special responsibility in transporting people and goods for compensation. We want our bus drivers, train operators and truck drivers to be well trained and unimpaired when driving since multiple people can be injured by any kind of negligence.
Commercial drivers must abide by numerous state and federal laws and regulations regarding hiring, random drug testing, safety knowledge, inspections, care of loads and operating hours. If a commercial driver has been drinking, it takes only one drink in most cases to implicate the individual and be arrested for DUI. If you are commercial driver who has arrested on a DUI, promptly contact a Sacramento DUI Attorney Group lawyer.
Under state law, a commercial operator may be charged with a DUI if the driver has a BAC of 0.04% while operating a commercial vehicle.
The DUI standard for commercial operators is found under CVC 23152(d):
“CVC 23152 (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving…”
There are other circumstances whereby commercial drivers may be charged with a DUI and/or face immediate suspension of their commercial license. Your Sacramento DUI Attorney Group lawyer will defend you regarding any of these following circumstances:
- Your BAC was at least 0.04% when driving a commercial vehicle
- You were driving a passenger vehicle with a BAC of 0.08%
- You were driving a passenger or commercial vehicle while under the influence of alcohol or drugs
- You refused chemical or BAC testing of your breath or blood
Further, violate any of these conditions and you can automatically lose your commercial driver’s license for one year. Should you be convicted of DUI again, then you lose your commercial license for life. Also, when you are convicted, you are required to notify your employer of your conviction within 30 days, regardless of what kind of vehicle you were driving. Your employer is not permitted to allow you to drive during the period of your suspension.
Your regular driver’s license is subject to the same suspension period as any other driver, which for a first offense is 6 to 10-months. Consult with an attorney from the Sacramento DUI Attorney Group regarding any of these conditions and see what we can do to assist you.
Commercial DUI Penalties
A commercial driver convicted of a first time DUI faces the following penalties:
- Fine of $390 up to $1000
- Potential jail time of 48 hours and up to one year in county jail, or community service in lieu of jail time
- 3-months up to 36-months participation in a DUI class or program
- No restricted commercial license under any circumstances
- Revocation of your non-commercial driver’s license for 6-10 months and no restricted license eligibility
Defenses to Commercial DUI in Sacramento
The defenses to a commercial DUI are the same as for any other DUI except that the BAC level to challenge is much lower—0.04% rather than the standard 0.08%. Any defenses that your Sacramento DUI Attorney Group lawyer may raise will be explained to you. These may include:
- You had a medical condition that affected the breath or blood test
- The technician/officer failed to follow the guidelines in servicing or maintaining the breath device
- The technician was not certified to administer the breath device or to extract a blood sample
- Testing procedures were not followed according to regulations
- The blood sample was compromised from failure to follow protocol and document the chain of evidence in preserving it
- Police lacked probable cause to stop, detain or arrest you
- You had a reasonable excuse in refusing to take the BAC test
Commercial operators face more severe obstacles when charged with DUI. Immediately contact an attorney from the Sacramento DUI Attorney Group if you have a commercial license and are charged with a DUI. Don’t lose your job or commercial driver’s license, Call us at (888) 754-9860