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COMMERCIAL DRIVERS AND DUI

 

 

 

If you were arrested for DUI and you possess a commercial driver’s license or Class A license, please call the Law Office of Barry T. Simons.  A commercial driver is held to a higher standard by the DMV and in the eyes of the law.  This high standard means they must follow a separate code of law compared to other drivers, they are subject to higher point count results if convicted of a traffic violation. 

 

BAC  of 0.04% For Commercial Drivers

 

If a commercial driver is arrested for DUI and is driving a commercial vehicle the accepted alcohol limit is reduced from .08% to .04% pursuant to Vehicle Code §23152(d).   So you may have been driving legally with alcohol in your system, but for the fact you were in a commercial vehicle you are held to a higher standard and tougher laws. 

 

BAC  of 0.01% Infraction With Out-Of -Service Consequences

 

CVC §34501.15 provides that commercial motor vehicle operators (defined in CVC §15210) are ordered out of service for 24 hours if they are found to have a BAC of 0.01% or more, and orders the C.H.P. to adopt administrative regulations in support. 

 

Violation of this administrative regulation is an infraction (CVC §34506.3). Thus, not only is it an infraction offense to operate a commercial vehicle with a BAC of 0.01% or more, it’s an infraction offense to operate for the next 24 hours.   CVC §15311 provides for a series of escalating suspension penalties as punishment for violating an out-of-service order.

 

Furthermore, the consequences of a DUI even if you’re not driving a commercial vehicle, could mean a one year suspension to your driving commercial vehicles privilege or possible a lifetime ban.  These collateral consequences are serious and can be terrifying.  In order to be advised properly you must contact the Law Office of Barry T. Simons.  We have serious and determined attorneys and staff that will work effortlessly to maintain your commercial driver license privileges. 

 

The Law Office of Barry T. Simons has had clients with commercial driver licenses and knows how to approach these cases at the DMV and in court.  Many commercial drivers depend on their license to put food on their family’s table or it is the only profession they have known.  The consequences of a DUI could adversely affect a person’s welfare and future. For more information and a legal consultation call the Law Office of Barry T. Simons.

 

 

 

CALL 949-497-1729 FOR A FREE CONFIDENTIAL CONSULTATION

  

 

 

Board Certified In DUI Defense NCDD (1 of 6 In California)

Specialist Member/Board of Directors CDLA

Selected Only OC DUI Super Lawyer 2014-2017

OC Metro Top DUI Attorney

Rated Preeminent By Bar Register

AVVO 10 Top DUI Lawyer

Selected Only OC DUI Super Lawyer 2014-2017

Rated Preeminent By Bar Register

OC Metro Top DUI Attorney

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.