California DUI Law & Commercial Licenses

California Vehicle Code 23152(a) prohibits driving under the influence of alcohol and/or drugs.¹ Vehicle Code 23152(b) prohibits driving with a blood alcohol concentration (BAC) of .08 or higher. These California DUI laws apply to all drivers, regardless of age, gender, or occupation.

But commercial drivers...as well as drivers under 21²...are held to an even tougher standard.

Vehicle Code 23152 (d) forbids commercial license holders from having a BAC of 0.04% or higher while driving a commercial vehicle.³ If a commercial driver is convicted of

1. driving a commercial vehicle with a 0.04% or greater BAC, OR



2. driving any vehicle while under the influence or alcohol or drugs, or with a BAC of 0.08% or greater,

he/she will lose his/her commercial license for a minimum of one year...and possibly for life⁴

The good news is that numerous California DUI defenses are available...and are often the reason why innocent commercial drivers falsely accused of (and wrongfully arrested for) DUI are ultimately acquitted and vindicated.

In order to better understand how California's DUI laws apply to commercial drivers, our California DUI defense lawyers will address the following:

Overview of California DUI Laws with Respect to Commercial Drivers

How Does the Prosecutor Prove that a Commercial Driver is Guilty of a DUI?

Penalties, Punishment, and Sentencing for Commercial Drivers Convicted of DUI

How Does a Commercial Driver Fight a DUI?

If, after reading this article, you have additional questions, we invite you to contact us.

You may also find helpful information in our related articles on Vehicle Code 23152a Driving Under the Influence, Vehicle Code 23152b Driving with a BAC of 0.08% or Greater, Vehicle Code 23153 DUI with Injury, California DUI Penalties, and 20 Ways to Beat a California DUI Charge.

Overview of California DUI Laws with Respect to Commercial Drivers

A "commercial driver" is someone who holds a commercial driver's license. A "commercial driver's license" is a driver's license that authorizes the license holder to operate a certain class or type of commercial vehicles. A "commercial vehicle" is any vehicle that requires the driver to hold a class A or class B driver's license, or a class C driver's license that authorizes carrying hazardous materials.⁵

There are three California DUI laws that specifically deal with commercial drivers:

The first is California Vehicle Code 23152 (d) which prohibits an individual from driving a commercial vehicle with a BAC of 0.04% or greater.⁶

The second is California Vehicle Code 15210 VC. This California DUI law defines "driving a commercial vehicle under the influence" as:

1. driving a commercial vehicle with a .04 or greater BAC,



2. driving a commercial vehicle in violation of California's general DUI statutes: Vehicle Code 23152(a) driving under the influence, or Vehicle Code 23152(b) driving with a BAC of 0.08% or greater, or



3. refusing to submit to a California chemical DUI test for blood, breath, or...when applicable...urine.⁷

And, third, Vehicle Code 23153 (d) provides that it is illegal for an individual to drive a commercial vehicle with a BAC of 0.04% or greater while additionally either (1) acting negligently, or (2) violating a traffic law (in addition to the DUI) that results in injury to another.⁸

How Does the Prosecutor Prove that a Commercial Driver is Guilty of a California DUI?

In the same way that the prosecutor proves that anyone else is guilty of DUI...but with the added requirement that the prosecutor must establish that the driver held a commercial driver's license.

So this means that the prosecutor must prove that the defendant committed one of the above three violations...that is, that the defendant:

1. drove a commercial vehicle with a BAC of at least 0.04%,



2. drove a commercial vehicle under the influence or with a BAC of 0.08% or greater under California Vehicle Code 23152, or



3. refused to submit to a California chemical DUI blood or breath test in connection with a lawful DUI arrest after driving a commercial vehicle.

These facts are typically proven using (1) testimony of the arresting officer and any other witnesses at the scene, and (2) the results of a chemical DUI blood or breath test (where applicable).

The prosecutor relies on DMV records to prove that the driver, in fact, held a commercial driver's license at the time of the alleged offense.

Penalties, Punishment, and Sentencing for Commercial Drivers Convicted of DUI

If a commercial driver is convicted of a California DUI under Vehicle Code 23152(a) or 23152(b), he/she faces the same general punishment as a noncommercial driver. More information about these general DUI penalties is contained in our related article California DUI Penalties.

Depending on whether it's the driver's first or subsequent offense, standard penalties include⁹:

• informal DUI probation,



• a maximum one-year county jail sentence,



• $390-$1,000 in fines, and



• a three to 36-month court-ordered California DUI alcohol education program.

The major difference between the penalties for a noncommercial driver and a commercial driver lies in what happens to the individual's driver's license.

Noncommercial driver's license suspensions and restricted driver's licenses

A noncommercial driver who is convicted of DUI faces a mandatory driver's license suspension, which is typically converted into a restricted driver's license. A "restricted" license allows the individual to continue driving

1. to and from work,



2. to and from court-ordered DUI school, and



3. in the course of one's employment.¹⁰

Commercial drivers are not entitled to a restricted driver's license and face much more severe license suspensions

As previously stated, commercial drivers are held to a higher standard than noncommercial drivers...even when they are driving a noncommercial car. We say this because a commercial driver who suffers a first time conviction for

• Vehicle Code 23152(a) driving any car while under the influence,



• Vehicle Code 23153(a) driving any car while under the influence and negligently causing an injury,



• Vehicle Code 23152(b) driving any car with a BAC of 0.08% or greater,



• Vehicle Code 23153(b) driving any car while under the influence and negligently causing an injury,



• Vehicle Code 23152(d) driving a commercial vehicle with a BAC of 0.04% or greater, OR



• driving a commercial vehicle with a BAC of 0.04% or greater and negligently causing an injury,

will automatically lose his/her commercial driver's license for one year.¹¹ Even more devastating is the fact that two or more convictions for any of the above offenses will result in a lifetime suspension of one's commercial driving privilege.¹²

Additionally, if the driver was driving a commercial vehicle at the time of the offense, he/she still faces a suspension / revocation with respect to his/her noncommercial driving privilege as well. That suspension/revocation will be enforced according to the California DUI laws that govern noncommercial driver's license suspensions / revocations.¹³

This means that a typical first conviction will result in a six- to ten-month driver's license suspension on a commercial driver's noncommercial driving privilege. A second offense will result in a two-year license suspension, and a third offense will result in a three-year license suspension.¹⁴

Finally, unlike a noncommercial driver, a commercial driver does not qualify for a restricted license...even on his/her noncommercial driving privilege.¹⁵

As a top Palm Springs DUI defense lawyer, Michael Scafiddi explains¹⁶, "The unduly harsh penalties imposed on commercial drivers can severely impact their livelihood...and, as a result, their lives in general. This is why I make it a point to leave absolutely no stone unturned when investigating a DUI involving a commercial driver."

How Does a Commercial Driver Fight a California DUI?

There really are no California DUI defenses that are specific to commercial drivers. There are, however, numerous drunk driving defenses that...depending on the circumstances of the case...a skilled California DUI defense attorney knows how to effectively present to a prosecutor, judge and/or jury.

While a comprehensive list of DUI defenses can be found in our article "20 Ways to Beat a California DUI Charge", below is a sample of some of the most common.

• DUI chemical blood and breath tests often produce falsely high blood alcohol concentration (BAC) results

There are a wide variety of reasons why this defense might be applicable. For example,

1. the DUI chemical testing instrument might not have been properly maintained or calibrated,



2. the driver may suffer from GERD, acid reflux, or heartburn...all of which could produce false high BAC levels¹⁷, or



3. the driver may have had a rising blood alcohol at the time of the DUI blood or breath test which incorrectly assumes an illegal BAC at the time of driving...the critical point in a DUI prosecution. A rising blood alcohol level means that even though a blood or breath test revealed an illegal BAC, the BAC may have actually been below that limit at the time of driving.

• Police didn't follow proper procedures when stopping, detaining, or arresting the commercial driver for DUI

Even if a commercial driver was DUI...if the police didn't follow proper protocol, the DUI charges may ultimately have to be dismissed. If, for example,

1. officers didn't adhere to the mandatory police procedures set forth under Title 17, these California Title 17 violations could affect the outcome of a DUI case¹⁸, or



2. if officers interrogate the driver after placing him/her under arrest but fail to read Miranda rights...any incriminating statements the driver makes after the officers fail to advise him/her of Miranda rights will be excluded from evidence, or



3. if the officer stops, detains, or arrests the driver for DUI without probable cause to do so, the California DUI charges will likely be reduced or dismissed¹⁹.

The bottom line is this...many innocent commercial drivers get falsely arrested for (and wrongly accused of) DUI. Don't ever assume that you can't fight your DUI charges. There are almost always defenses that apply to your case.

If you would like more information on how California DUI laws pertain to commercial drivers, or you would like to discuss your case confidentially with one of our California DUI defense lawyers, please don't hesitate to contact us.

We have local criminal law offices in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.

Accused in Nevada?

Nevada commercial DUI law is just as strict as California's, with a second conviction potentially costing you your commercial driver's license forever (and your livelihood). If you're a commercial driver facing drunk driving charges in Nevada, please phone our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. You can learn more about the penalties and how these cases can be fought at our informational page: Nevada Commercial DUI law.

Legal References:

¹California Vehicle Code 23152a VC - Driving under the influence. ("(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.")

²California Vehicle Code 23136 VC is what's known as a the state's DUI "zero tolerance" law. ("23136 VC -- (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.")

³California Vehicle Code 23152 VC - Driving under the influence in a commercial vehicle. ("(d) It is unlawful for any 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 [Vehicle Code] Section 15210.")

⁴California Vehicle Code 15300 first time violations relating to commercial drivers. ("(a) A driver of a commercial motor vehicle may not operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following: (1) Subdivision (a), (b), or (c) of [California Vehicle Code] Section 23152 [DUI] while operating a motor vehicle." (2) Subdivision (d) of Section 23152 [commercial DUI]. (3) Subdivision (a) or (b) of [California Vehicle Code] Section 23153 [DUI with injury] while operating a motor vehicle. (4) subdivision (d) of Section 23153 VC [DUI with injury while driving a commercial vehicle].") See also California Vehicle Code 15302 -- More than one violation relating to commercial drivers. ("A driver of a commercial motor vehicle may not operate a commercial motor vehicle for the rest of his or her life if convicted of more than one violation of any of the following: (a) Subdivision (a), (b), or (c) of [California Vehicle Code] Section 23152 while operating a motor vehicle. (b) Subdivision (d) of Section 23152 [commercial DUI]. (c) Subdivision (a) or (b) of [California Vehicle Code] Section 23153 [DUI with injury] while operating a motor vehicle. (d) Subdivision (d) of Section 23153 VC [DUI with injury while driving a commercial vehicle].")

⁵California Vehicle Code 15210. Definitions applicable to chapter relating to commercial drivers. ("Notwithstanding any other provision of this code, as used in this chapter, the following terms have the following meanings: (a) "Commercial driver's license" means a driver's license issued by a state or other jurisdiction, in accordance with the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, which authorizes the license holder to operate a class or type of commercial motor vehicle. (b)(1) "Commercial motor vehicle" means any vehicle or combination of vehicles that requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph (5) of subdivision (a) of Section 15278.")

⁶See California Vehicle Code 23152(d) VC - Driving under the influence in a commercial vehicle, endnote 4, above.

⁷California Vehicle Code 15210. ("(f) "Driving a commercial vehicle under the influence" means committing any one or more of the following unlawful acts in a commercial motor vehicle: (1) Driving a commercial motor vehicle while the operator's blood-alcohol concentration level is 0.04 percent or more, by weight in violation of subdivision (d) of [California Vehicle Code] Section 23152. (2) Driving under the influence of alcohol, as prescribed in subdivision (a) or (b) of [California Vehicle Code] Section 23152. (3) Refusal to undergo testing as required under this code in the enforcement of Subpart D of Part 383 or Subpart A of Part 392 of Title 49 of the Code of Federal Regulations.")

⁸California Vehicle Code 23153 VC - Driving under the influence with injury. ("(d) It is unlawful for any person, while having 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, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.")

⁹These are examples of the penalties and sentence conditions for California Vehicle Code 23152. They are a summary of the punishments imposed for first through third DUI offenses.

¹⁰California Vehicle Code 13352.4 - Restricted driver's licenses. ("(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person's place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.")

¹¹See California Vehicle Code 15300 first time violations relating to commercial drivers, endnote 5, above.

¹²California Vehicle Code 15302 -- More than one violation relating to commercial drivers. ("A driver of a commercial motor vehicle may not operate a commercial motor vehicle for the rest of his or her life if convicted of more than one violation of any of the following: (a) Subdivision (a), (b), or (c) of [California Vehicle Code] Section 23152 [DUI] while operating a motor vehicle. (b) Subdivision (d) of Section 23152 [DUI in a commercial vehicle]. (c) Subdivision (a) or (b) of Section [California Vehicle Code] 23153 [DUI with injury] while operating a motor vehicle. (d) Subdivision (d) of Section 23153 VC [DUI with injury].")

¹³California Vehicle Code 13352 - Driving under the influence.... ("(a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of [DUI under California Vehicle Code] Section 23152 or 23153, subdivision (a) of Section 23109 VC , or Section 23109.1 VC, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153 or subdivision (a) of Section 23109 or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210 [that is, a commercial vehicle], the suspension or revocation specified below shall apply to the noncommercial driving privilege.")

¹⁴California Vehicle Code 13352 sets forth the different requirements for how long the California DMV will suspend / revoke driving privileges based on (1) whether the conviction was for DUI under Vehicle Code 23152 or 23153 VC, and (2) whether it was a first or subsequent California DUI conviction.

¹⁵California Vehicle Code 13352.4 -- Restricted driver's licenses. ("(g) The holder of a commercial driver's license who was operating a commercial motor vehicle, as defined in [California Vehicle Code] Section 15210, at the time of a violation that resulted in a suspension or revocation of the person's noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver's license authorized under this section.")

¹⁶Palm Springs DUI defense lawyer Michael Scafiddi is a former DUI law enforcement officer. He now uses that inside knowledge to help defend clients accused of DUI in San Bernardino and Riverside Counties. Scafiddi routinely makes appearances at the Murrieta Southwest Justice Center and in Fontana, Banning, Barstow, Victorville, and Joshua Tree.

¹⁷GERD, acid reflux, and heartburn are all recognized medical conditions that are capable of producing falsely high BAC results. This is because each of these conditions creates the possibility for mouth alcohol. "Mouth alcohol" is residual alcohol found in the mouth. When blown into a California DUI breath testing instrument, it masks the deep lung air (otherwise known as "alveolar air") that the instrument is designed to measure and...as a result...tricks the DUI breath testing instrument into producing a false high BAC.

¹⁸Title 17 of the California Code of Regulations governs how California DUI chemical tests are conducted, how DUI chemical testing equipment is maintained and operated, and how blood, breath, and urine samples are stored, handled, and analyzed. A Title 17 violation may compromise the integrity of a DUI chemical test result, which is why an individual's DUI charge may have to be reduced or dismissed.

¹⁹Terry v. Ohio (1968) 392 U.S. 1, 21. Terry v. Ohio, the landmark U.S. Supreme Court case holds that officers must have reasonable suspicion or reasonable belief (otherwise known as probable cause) before they can stop, detain, or arrest an individual for a California DUI or any other crime.

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