Commercial License DUI in California
Commercial license DUI’s can result in a one year class A suspension for a first time DUI or a lifetime class A ban for 2nd offense DUI’s. These license suspensions can occur through DMV administrative action or through a criminal court conviction. Commercial license DUI’s can occur in private or commercial vehicles.
Saving Your Commercial Driver’s License
If you got your DUI in a non-commercial vehicle, you can save your commercial driver’s license if you win the DMV hearing and get a non-DUI disposition in court. This is accomplished through a Hellmandollar plea. First, you would plea to a non-DUI charge like a reckless driving. Second, you get the judge to find you factually innocent of driving with a BAC of over 0.08%. Finally, you send the acquittal to the DMV to set aside your DMV APS action. With this type of case resolution, you never lose your driver’s license and protect your commercial driving privilege.
Commercial Driver and DUI while driving own car
If you are convicted of a first offense DUI while driving a non-commercial vehicle, you will lose your commercial driver’s license for a year. However, your non-commercial driving privilege will be treated the same as any other DUI and you may be eligible for a restricted license to drive your own personal vehicle.
Commercial Driver and DUI in Commercial Vehicle
If you hold a commercial license and you drove a commercial vehicle while under the influence of drugs or alcohol, you may be charged with a “commercial driver” DUI. To be convicted of this offense, your blood alcohol content must have been 0.04% or higher at the time you drove a commercial motor vehicle.
First Time Violation/Conviction
A commercial driver who gets a first-time conviction for any of the following offenses, even while driving a non-commercial vehicle, will not be allowed to operate a commercial vehicle for a period of 1 year:
- Driving Under the Influence
- Driving With 0.08% Blood Alcohol
- Driving While Addicted to a Drug
- Driving with 0.05% Blood Alcohol when under 21
- DUI Causing Injury
- Driving With 0.08% Blood Alcohol Causing Injury
Second Time Violation/Conviction
A second-time violation of any of the above-listed DUI offenses will result in a suspension of the driver’s commercial license for the rest of his or her life.
DMV Employer Pull Notice (EPN) Program
The Employer Pull Notice (EPN) Program was established to provide employers and regulatory agencies with a means of promoting driver safety through the ongoing review of driver records. An employer enrolled in the EPN program is assigned a requester code. The requester code is added to an employee’s driver’s license record. When an employee’s driver’s license is updated to record an action/activity, a check is made electronically to determine if a pull notice is on file. If the action/activity is one that is specified to be reported under the EPN program, a driver record is generated and mailed to that employer.
EPN Automatic Reporting Requirements
The EPN program automatically generates a driver record when any of the following actions/activities occurs:
- Convictions
- Failures to Appear
- Accidents
- Driver License Suspensions or Revocations
- Any other actions taken against the driving privilege
Call our office to speak to an attorney about saving your commercial license.
Because you have so much to lose as a commercial driver, you need the most experienced and aggressive DUI defense attorney on your side. Whether it’s defending you in trial or negotiating for a disposition which will allow you to keep your commercial license, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, shorter classes, smaller fines, and shorter or no license suspensions. Call our office today at (916) 939-3900 to speak directly to an attorney about protecting your commercial driver’s license. We are open 24/7/365 to answer your questions.
