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Commercial DUI in San Francisco? We’ll Save Your Job!

San Francisco Commercial DUI Attorney Group

Commercial operators are licensed only after special training has been performed and they pass physical and written examinations. Because they transport goods and people for compensation, they are subject to much stricter laws and regulations. These include responsibilities for servicing and maintaining vehicles, securing lawful loads, driving at certain speeds and keeping records in some cases regarding their driving hours, trips and other required entries.  Don’t risk losing your Commercial Driver’s License or Job!  Call (888) 754-9860

Commercial drivers can be randomly tested for drugs and alcohol by their employers who must maintain drug and alcohol policies and safety programs. Regarding alcohol consumption, commercial drivers in a commercial vehicle may not have a BAC of 0.04% or they will lose their license for one year.  It generally takes only one drink in most cases to reach this low level and to subject the commercial driver to arrest for DUI. If you are commercial driver who has arrested on a DUI, promptly contact a San Francisco DUI Attorney Group lawyer.

The DUI standard for commercial operators is found under CVC 23152(d):

“CVC 23152 (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.  In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving…”

Other circumstances exist so that as a commercial driver, you may be charged with a DUI and/or face immediate suspension of your commercial license. Your San Francisco DUI Attorney Group lawyer will defend you regarding any of these following circumstances:

  • Your BAC was at least 0.04% when driving a commercial vehicle
  • You were driving a commercial or passenger vehicle with a BAC of 0.08%
  • You were driving a passenger or commercial vehicle while under the influence of alcohol or drugs
  • You refused chemical or BAC testing of your breath or blood

Further, violate any of these conditions and you can automatically lose your commercial driver’s license for one year. Should you be convicted of DUI again, then you lose your commercial license for life. Also, when you are convicted, you are required to notify your employer of your conviction within 30 days, regardless of what kind of vehicle you were driving. Your employer is not permitted to allow you to drive during the period of your suspension.

Your regular driver’s license is subject to the same suspension period as any other driver, which for a first offense is 6 to 10-months. Consult with an attorney from the San Francisco DUI Attorney Group regarding any of these conditions and see what we can do to assist you.

Commercial DUI Penalties

A commercial driver convicted of a first time DUI faces the following penalties:

  • Fine of $800 up to $1000
  • Potential jail time of 48 hours and up to one year in county jail, or community service in lieu of jail time
  • 3-months up to 36-months participation in a DUI class or program
  • Loss of commercial license for one year with no restricted license
  • Loss of noncommercial driver’s license for 6 to 10 months with no restricted license
  • Required to inform employer of suspended license within 30 days

A second DUI conviction results in a lifetime suspension of your commercial driver’s license.

Defenses to Commercial DUI
The defenses to a commercial DUI are the same as for any other DUI except that the BAC level to challenge is much lower—0.04% rather than the standard 0.08%. Any defenses that your San Francisco DUI Attorney Group lawyer may raise will be explained to you. These may include:

  • Your medical condition such as acid reflux disease affected the breath or blood test
  • The technician/officer failed to follow guidelines in servicing or maintaining the breath device
  • The technician lacked certification to administer the breath device or to extract a blood sample
  • Testing procedures were not followed according to regulations
  • The blood sample was tainted from failure to follow protocol and document the chain of evidence in preserving it
  • Police lacked probable cause to stop, detain or arrest you
  • You had a reasonable excuse in refusing to take the BAC test

Commercial operators face more severe obstacles when charged with DUI. Immediately contact an attorney from the San Francisco DUI Attorney Group if you have a commercial license and are charged with a commercial DUI. Call (888) 754-9860 now