Commercial DUI in California: What You Need to Know

Traffic cones set up on a dark, wet road at night with blurred car headlights and streetlights in the background. For professional drivers in California, a commercial driver’s license (CDL) represents more than just a way to make a living; it’s a symbol of trust, skill, and responsibility. When a commercial driver is charged with driving under the influence (DUI), the consequences go far beyond fines or jail time. A commercial DUI can destroy a career, threaten your livelihood, and jeopardize your ability to work in the transportation industry for years to come.

If you hold a CDL and have been arrested for DUI in California, it’s critical to understand the laws that apply to commercial drivers, the penalties involved, and how an experienced criminal defense lawyer can help protect your license and your future. For practical advice and skilled legal representation in Southern California, contact Kosnett Law Firm to speak with an experienced and successful Los Angeles DUI defense lawyer.

California’s Commercial DUI Laws

Under California Vehicle Code Section 23152(d), it is unlawful for a person who holds a commercial driver’s license to operate a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This limit is twice as strict as the standard 0.08% BAC threshold that applies to non-commercial drivers.

It is also illegal for any driver, including commercial drivers, to operate a vehicle under the influence of alcohol or drugs to the extent that their ability to drive safely is impaired. Importantly, this law applies whether the driver is operating a commercial or non-commercial vehicle at the time of arrest. A commercial driver convicted of DUI in their personal vehicle can still lose their CDL privileges.

Lower BAC Threshold, Higher Consequences

The lower BAC limit for commercial drivers reflects the greater responsibility they carry. Operating large trucks, buses, or vehicles carrying hazardous materials requires heightened alertness and control. Because of this, the state imposes stricter rules and tougher penalties on CDL holders.

Even a first-time commercial DUI offense can result in a one-year suspension of your commercial driver’s license. If you were driving a vehicle that required a hazardous materials placard, that suspension extends to three years.

A second DUI conviction — even if it occurs while driving a personal vehicle — results in a lifetime disqualification from holding a CDL. There are no exceptions and no second chances under California law.

Criminal Penalties for Commercial DUI

The criminal penalties for a commercial DUI are similar to those for a standard DUI but can have more severe professional consequences.

For a first-time commercial DUI conviction, penalties may include:

Up to six months in county jail
Fines ranging from $390 to $1,000 (plus substantial penalty assessments)
A six-month driver’s license suspension (in addition to the CDL disqualification)
Mandatory DUI school (typically three to nine months)
Probation for three to five years

If the offense involved injury to another person, property damage, or a BAC far above the legal limit, the penalties can be more severe. A second or subsequent DUI can lead to mandatory jail time, higher fines, longer license suspensions, and felony charges if injuries are involved.

Administrative Penalties from the DMV

Separate from the criminal court process, the California Department of Motor Vehicles (DMV) imposes administrative penalties after a commercial DUI arrest.

When you are arrested, the officer will confiscate your license and issue a Notice of Suspension. This document serves as a temporary license for 30 days. You then have only 10 days to request a DMV hearing to challenge the suspension.

If you fail to request a hearing in time, your driving privileges will be automatically suspended, even if you haven’t been convicted in court yet.

An attorney experienced in DUI defense can represent you at this hearing, challenge the validity of the stop and arrest, and argue to preserve your driving privileges while your case is pending.

Defenses to a Commercial DUI Charge

Being arrested for a commercial DUI does not mean you are guilty. There are many possible defenses that can lead to a reduction or dismissal of the charges.

A skilled defense attorney will review every detail of your case, including the initial traffic stop, field sobriety tests, and breath or blood test results, to uncover weaknesses in the prosecution’s evidence.

Common defenses include:

Improper stop: The officer lacked reasonable suspicion or probable cause to pull you over.
Faulty testing: Breathalyzer or blood test results may have been affected by improper calibration, contamination, or medical conditions such as acid reflux.
Unreliable field sobriety tests: These tests can be inaccurate, especially for drivers who are fatigued or have physical limitations.
Violation of procedure: If police failed to follow proper testing or arrest protocols, the evidence can be challenged or suppressed.

Even if the evidence against you appears strong, an attorney can often negotiate to have charges reduced to a lesser offense, such as reckless driving (“wet reckless”), which carries fewer penalties and may help protect your CDL.

The Career Impact of a Commercial DUI

For CDL holders, the most devastating consequence of a DUI conviction is the loss of the ability to work. Trucking companies, bus operators, and delivery services are required by law to disqualify drivers with suspended or revoked commercial licenses.

Even after your CDL is reinstated, finding new employment can be extremely difficult. Many employers will not hire drivers with a DUI on their record due to insurance restrictions and company policies.

In addition, a DUI conviction can impact your personal auto insurance rates, professional reputation, and ability to maintain required commercial driving certifications.

Because so much is at stake, it’s crucial to act quickly and retain legal representation immediately after your arrest.

How an Experienced Defense Lawyer Can Help

At Kosnett Law Firm, we understand that a DUI charge can threaten not only your freedom but your entire career. Our experienced Los Angeles criminal defense attorneys have successfully defended countless clients facing DUI charges, including commercial drivers who rely on their license for their livelihood.

We will carefully analyze every piece of evidence, from the legality of the traffic stop to the reliability of chemical testing. If your rights were violated, we will move to suppress evidence or have the charges dismissed entirely.

When dismissal isn’t possible, we can often negotiate with prosecutors to reduce the charge or penalties, helping you preserve your ability to drive and continue working. We also represent clients at DMV hearings to challenge license suspensions and protect commercial driving privileges whenever possible.

Our goal is always to secure the best possible outcome, whether through negotiation or by taking your case to trial and fighting for a not guilty verdict.

Protect Your License and Your Future

A commercial DUI arrest can have devastating consequences for professional drivers, but it doesn’t have to end your career. With skilled legal representation, it may be possible to reduce the charges, protect your license, and keep you on the road.

If you’ve been arrested for commercial DUI in Los Angeles or anywhere in Southern California, don’t wait to get help. Every day you delay could limit your options for defending your case.

Contact Kosnett Law Firm today to schedule a free case evaluation with an experienced Los Angeles DUI defense attorney. We’ll explain your rights, review your case, and fight tirelessly to protect your freedom and your future.