CDL License and DUI

San Diego Criminal Attorney Profile Image

San Diego Criminal Attorney

San Diego, CA

Practice Areas

Criminal Defense, DUI and DWI, Expungement

Many of our clients are very concerned with their driving privileges and their ability to drive if they have been charged with a DUI, this is even more of a concern if the person's livelihood is directly related to their ability to drive. If you or a love one has or posses a CDL license being arrested for DUI can be a very intimidating and nervous time in their lives. A CDL by definition authorizes the holder of the license to operate certain types and classes of commercial vehicles. By definition possessing a "Commercial Vehicle" is basically any vehicle that would require the operator to have a Class A or Class B operators license, or in some cases a Class C if that person is cleared and authorized in the transportation of hazardous materials. If you are a Commercial Driver then the State of California will hold you to a higher level of professional standard. In the California Vehicle Code 23152(d): Specifically address that a person who has a CDL license cannot operate with a BAC over .04% or higher while in physical control of a commercial vehicle. If a Commercial Driver is convicted of either: A) In physical control of a commercial vehicle with a BAC over .04% OR B) Driving ANY vehicle while under the influence of Alcohol with a BAC of .08% or greater, then he/she would lose their CDL for a period of at least a minimum of one year and depending on the persons prior arrest and DUI records possibly for life. The first step is scheduling a DMV hearing within the first 10 days of the arrest to assure that you will be given a DMV hearing date and to request the DMV to stay the suspension and to ask for a discovery packet. Within usually 1 to 3 weeks we will receive a discovery packet, which will include the police report, and this will be the first opportunity to discuss the facts of the case as they relate to a DMV Hearing. The DMV will assign a hearing officer who will conduct the hearing usually telephonic or in some cases in person and make a determination based upon the evidence whether or not the persons ability to operate a motor vehicle will be suspended. Following the hearing the Administrator Law Judge will review the case and send out a notice of Facts and Findings usually within about 10 to 15 days with the DMV's decisions on the status of the hearing.

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