Commercial Vehicle DUI Attorney in Santa Cruz, California
If you’re a commercial driver facing a DUI charge in California, it’s crucial to understand the serious legal implications this could have on your career and your personal life. DUI offenses involving commercial vehicles are treated differently than regular passenger vehicle DUI cases due to the heightened responsibility placed on commercial drivers.
Having the right legal representation can significantly affect the outcome of your case, whether you’re looking to minimize penalties, avoid a conviction, or challenge the charges. That’s where I come in. Here at the Law Offices of Andrew C. Janecki, I provide clients in Santa Cruz, California, with the legal counsel they need to face DUI charges.
What Defines a Commercial Vehicle DUI?
A DUI charge for a commercial driver in California involves the operation of a commercial vehicle while impaired by alcohol or drugs. Under California law, the legal blood alcohol concentration (BAC) limit for regular drivers is 0.08%.
However, commercial drivers face stricter standards. If you’re driving a commercial vehicle, the legal BAC limit is 0.04%. It’s important to note that DUI offenses involving commercial vehicles carry different legal consequences than those involving personal vehicles.
This is because the public expects commercial drivers to maintain higher standards of safety on the road, as their vehicles are often much larger and capable of causing significant damage.
In addition to criminal penalties, a DUI conviction can lead to administrative penalties such as a suspension or revocation of your commercial driver’s license (CDL), which can end your career as a commercial driver.
The Legal Process for Commercial Vehicle DUI
The process following a commercial vehicle DUI arrest can unfold in several stages, and each stage presents specific challenges. Understanding what to expect can help you make informed decisions about how to approach your case.
Arrest and Immediate Consequences
When a commercial driver is arrested for DUI, law enforcement will typically conduct a breathalyzer or blood test to determine BAC. If the BAC is found to be over the legal limit, the officer may arrest you on the spot. At this stage, you’ll face both criminal and administrative actions. The California Department of Motor Vehicles (DMV) will likely initiate an administrative hearing to review your CDL privileges.Criminal Court Proceedings
Once you have been arrested, the case will move to criminal court. You’ll be required to appear for hearings and potentially face a trial if a plea agreement isn’t reached. Commercial DUI offenses carry substantial fines, mandatory alcohol education programs, possible jail time, and suspension or revocation of your CDL.
DMV Hearing
As a commercial driver, your driving privileges are tied to your ability to maintain a valid CDL. After a DUI arrest, the DMV may begin the process of suspending or revoking your CDL. In California, you have the right to request a hearing with the DMV to challenge this action. A DUI conviction can lead to a suspension of your CDL for up to one year or longer, depending on the circumstances of the case.
Potential Penalties for Commercial DUI
The penalties for a commercial DUI conviction can be severe and may vary based on the details of the case, such as whether it’s your first offense or if there were aggravating factors. Here’s a breakdown of some potential consequences:
Fines: Commercial DUI convictions often come with substantial fines. In addition to the standard DUI fines, there are additional fees for commercial drivers, and they can increase with each offense.
License suspension: A conviction may result in a suspension of your commercial driver’s license (CDL), which can last anywhere from a few months to over a year. Multiple offenses may result in permanent revocation.
Probation: In some cases, a DUI conviction may lead to probation. While on probation, you may face restrictions such as mandatory counseling, restrictions on your driving, and regular reporting to a probation officer.
Jail time: For more serious cases or repeat offenders, jail time may be imposed. For a first offense, jail sentences are usually short, but a second or third offense can lead to significant time in custody.
Vehicle impoundment: The vehicle you were driving at the time of the DUI arrest may be impounded for a period of time, adding additional costs and logistical issues.
Alcohol education programs: DUI offenders in California are often required to attend alcohol education programs. These programs can range from several weeks to months in length.
Defending Against a Commercial DUI Charge
There are several strategies that may be used to defend against a commercial DUI charge in California. Each case is unique, and a qualified attorney will carefully review all the facts of your case to determine the most effective defense. Here are some common defenses that may be applied:
Improper traffic stop: If law enforcement didn’t have a valid reason to stop you, they may have violated your rights. If the traffic stop was unlawful, any evidence obtained during the stop may be inadmissible in court.
Faulty testing equipment: Breathalyzer and other testing equipment must be properly maintained and calibrated. If there were issues with the testing devices or procedures, the results of the BAC test may be inaccurate, which could weaken the case against you.
Medical conditions or medications: Certain medical conditions or medications may cause symptoms that mimic those of alcohol impairment, such as slurred speech or lack of coordination. If your condition or medication played a role in your behavior, this could be used as part of your defense.
Challenging BAC results: In some cases, the results of a blood or breath test may be challenged. Errors in handling, testing, or interpreting these results can sometimes lead to inaccurate BAC readings, which can significantly affect the outcome of the case.
Lack of impairment: It’s possible to have a BAC above the legal limit but not be impaired in a way that affects your ability to operate a commercial vehicle. For example, you may not have shown any signs of impaired driving, such as weaving, erratic speed changes, or difficulty maintaining control of the vehicle. If you can demonstrate that your driving wasn’t impaired despite the BAC result, this could be a strong defense.
Rising BAC defense: In some cases, the BAC can rise after a driver is pulled over, especially if alcohol was consumed shortly before the stop. This defense argues that the driver’s BAC was below the legal limit when they were actually driving, but rose after the stop due to the delay in testing.
Steps to Take After a Commercial DUI Arrest
If you’ve been arrested for a DUI while driving a commercial vehicle, there are several steps you can take immediately to protect yourself:
Contact a DUI Attorney
The first step is to contact an attorney experienced with commercial DUI cases. They’ll help you understand the charges against you and guide you through the legal process.Request a DMV Hearing
If your CDL is at risk, you have the right to request a hearing with the DMV. It’s important to act quickly, as you only have ten days from the date of your arrest to request this hearing.Don’t Plead Guilty Without Legal Counsel
Never plead guilty without consulting a lawyer, even if you feel the case is hopeless. There may be defense options that you haven't considered, or the prosecution may not have enough evidence to convict you.Avoid Driving While Under Suspension
If your license is temporarily suspended or revoked, don’t drive until your license is reinstated. Driving with a suspended or revoked license can lead to additional charges.
Attend Required Programs
If required by the court or the DMV, attend alcohol education or rehabilitation programs as soon as possible to demonstrate your commitment to addressing the issue.