Commercial Drivers License Suspension in San Diego
Many of the our clients are very concerned about losing their privilege to drive if convicted of DUI, especially those clients whose livelihood is directly connected with their ability to drive. If you posses a CDL license being arrested for DUI can be a very intimidating experience. A Commercial Driver is defined by someone that holds a commercial drivers license or CDL. A CDL authorizes the license holder to operate certain types and classes of commercial vehicles. By definition a “Commercial vehicle” is any type of vehicle that would require the driver to posses a class A or class B drivers license, or a class C if the person is authorized in the carrying of hazardous materials. Moreover, if you are a commercial driver you are held to a much higher professional standard. Vehicle Code 23152(d): states that a person who holds a commercial license (CDL) cannot have a BAC of over 0.04% or higher while in physical control of a commercial vehicle. If a CDL driver is convicted of
A: operating a commercial vehicle with a blood alcohol concentration of .04% or greater OR
B: driving ANY vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration of .08% or greater.
He/she would lose their commercial drivers license for a minimum of one year, and possibly for life. Even more serious is the fact that if the person has two or more convictions the result can be a lifetime suspension of one’s commercial driving privileges. Finally, unlike a noncommercial driver, a CDL driver will not qualify for a restricted (to and from work, school, etc) even on his/her noncommercial drivers privilege.
What to do if arrested for DUI and you have a CDL License?
After your arrest the police may or may not have taken your drivers license. If you had an out of state drivers license you may have been given your license back however, in either case you should have been given a pink “admin per se” or temporary license. It is very important to call right away and to bring ALL your paperwork with you to your free consultation. At Ross Law Center we can contact the DMV, stop the license suspension, request either a telephonic or in person hearing, and ask the DMV for a discovery packet. This request must be made within 10 days from the date of arrest and should be scheduled by an experienced criminal defense attorney. This request will “stay” the suspension pending the outcome of your DMV Administrative Law Hearing. During you consultation will cover the steps involved in the DMV proceedings and answer all your questions and concerns.
At Ross Law Center we understand these harsh penalties and is why we employ our own DMV specialist Christopher Vaughn as part of our DUI Team at Ross Law Center. Mr. Vaughn’s sole scope of service to our clients is to work closely with Attorney Ross and our clients to thoroughly investigate all aspects of a DUI involving a commercial driver. Time is of a crucial essence which is why Ross Law Center offers a free initial consultation to discuss your case and determine if we can help you. At Ross Law Center, Experience Counts!