Fresno, Madera, Kings & Tulare County Commercial DUI Attorney
DUI Defense Attorney in Fresno
In California, the criteria for a driving under the influence charge differs for commercial drivers and noncommercial drivers; the penalties vary as well. Commercial drivers, because of the larger size of their vehicles, are held to a higher level of accountability when it comes to driving and traffic offenses. A commercial driver can be arrested for DUI if their blood alcohol concentration is .04 percent or higher.
If you are facing commercial DUI charges, you need the help of an experienced DUI lawyer. If convicted of driving under the influence with a .04% to .08% BAC, you will face penalties such as:
• A one year suspension of your commercial driver's license
• A suspension of your driving privileges for noncommercial vehicles • Installation of an Ignition Interlock Device on your vehicle
• DUI education Program
• Jail Time
FMCSA DUI Regulations
According to § 383.51 of the Federal Motor Carrier Safety Administration (FMCSA), employers in the trucking industry cannot knowingly allow, require, permit or authorize a driver who is disqualified to drive a commercial motor vehicle (CMV), and driving under the influence of alcohol or drugs is one of those disqualifying offenses. A DUI can affect a CMV driver whether or not his or her arrest took place while "on the job." For example, a truck driver can become disqualified from driving a CMV for:
• Regular DUI (.08 percent) while driving any motor vehicle- Suspension for one year upon first offense.
• DUI of drugs while driving any motor vehicle- Suspension for one year upon first offense.
• Alcohol concentration of .04 percent while operating a CMV- Suspension for one year upon first offense.
In order to operate a CMV, commercial drivers must also possess a special license. For a first DUI offense, these drivers must downgrade their commercial driver licenses to Class C non-commercial licenses. Some truck drivers are able to obtain restricted licenses; however, employers are still responsible for suspending/revoking their employees' driving privileges for DUI offenses. Commercial drivers who obtain restricted driving licenses are still subject to disqualification of job-related driving privileges per the FMCSA.
Commercial drivers have much more at stake in the event of a DUI than do passenger vehicle drivers. When CMV drivers lose their right to drive, they lose their livelihood. Employers must disqualify drivers who are convicted for DUI offenses, which is why it is vital for truck drivers to obtain a strong DUI defense.
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