Long Beach Commercial DUI Attorney
California DUI Laws for Commercial Drivers
Driving under the influence (DUI) in California is a serious offense, especially for commercial drivers. For Commercial License holders, the stakes are high following a DUI arrest. As a commercial driver, the legal limit for blood alcohol concentration (BAC) is substantially lower than for non-commercial drivers. According to California law, commercial drivers can be charged with a DUI if their BAC is 0.04% or higher while operating a commercial vehicle. This limit is half of the 0.08% limit for non-commercial drivers.
CA Commercial DUI Penalties
Penalties for commercial DUI in California can be severe and can significantly impact your career and personal life. If convicted, you may face:
- License suspension: A commercial DUI conviction can result in the suspension of your commercial driver's license (CDL) for a year or longer whether or not the DUI was committed in a commercial vehicle. Before 2005, this one-year suspension was only triggered if the DUI was committed in a commercial vehicle. Upon conviction of a second DUI, commercial license privileges will be revoked for life.
- Fines and fees: Hefty fines and court fees are typical penalties for commercial DUI convictions.
- Employment consequences: A DUI conviction can jeopardize your current job and future employment opportunities, especially in fields that require a clean driving record.
- Possible imprisonment: In some cases, a commercial DUI conviction can lead to jail time, especially for repeat offenders or instances involving aggravating circumstances.
If a defendant with a commercial license suffers a one-year suspension, it is still possible to apply for a Class C license and obtain restriction privileges on a first offense, to enable work-related driving. However, the defendant cannot drive a commercial vehicle until the commercial license is reinstated after one year.
Commercial DUI Court Process in California
In these circumstances, it becomes more important than ever to defend the DUI charges in Court and do everything necessary to challenge the evidence. This means retaining a DUI Lawyer in Long Beach with experience in how to challenge DUI charges successfully.
If you're facing charges for a commercial DUI in California, understanding the legal process is crucial. The court process typically involves:
- Arrest: You'll be arrested and charged with a commercial DUI, and your CDL may be confiscated.
- Arraignment: This is your first court appearance where you'll enter a plea of guilty, not guilty, or no contest.
- Pre-trial motions and hearings: Your attorney may file motions and attend hearings to challenge evidence or procedural matters.
- Trial: If the case goes to trial, the prosecution must prove your guilt beyond a reasonable doubt.
Defenses Against Commercial DUI Charges in CA
Navigating a commercial DUI charge requires a strategic defense tailored to your unique situation. At Gold & Witham, our experienced attorneys specialize in crafting defenses that may include:
- Challenging the stop: Questioning the legality of the traffic stop or the validity of the officer's probable cause.
- Contesting BAC results: Disputing the accuracy of the breathalyzer or blood test results through technical or procedural challenges.
- Investigating officer conduct: Examining whether proper protocols were followed during the arrest and testing procedures.
- Establishing lack of impairment: Presenting evidence that challenges the assertion of impairment while driving.
Tactics vary from case to case and from court to court and sometimes vary during the life of a case depending on what is or is not working, but an experienced DUI Defense Attorney in Long Beach can guide your case to a positive conclusion.
Choose Gold & Witham for Your Commercial DUI Defense in Long Beach
Facing a commercial DUI charge is daunting, but you don't have to navigate it alone. The legal team at Gold & Witham is dedicated to providing skilled and aggressive representation to protect your rights and advocate for the best possible outcome.
Contact us today for a confidential consultation and take the first step toward a robust defense against your commercial DUI charge.
