DUI and a Commercial Driver’s License (Class B or C)
If one is a licensed commercial truck driver with a Class B or C license, a first-time DUI can carry enormous punishment and create anxiety about the loss of income (and perhaps the loss of an investment in a “big rig” which the driver purchased). We take these cases very seriously.
However, as one can imagine, the State of California recognizes it would be extremely dangerous for someone who is impaired by alcohol to operate an 18-wheel big rig, loaded with heavy and / or a vehicle loaded with hazard material cargo.
If the driver is arrested for DUI while operating a commercial vehicle, i.e., an 18-wheel big rig, the BAC limit for a conviction for DUI is 0.04% (California Vehicle Code §§ 15210(f)(1) and 23152(d)), not 0.08% (California Vehicle Code § 23152(b)). This lower BAC limit reflects the greater safety requirements for and higher danger involved in operating a big rig or transporting hazardous materials.
The “normal” 0.08% limit, however, applies to the Class B or C licensee holder if driving a personal vehicle, i.e., after work or on a day off.
If one has a Class B or Class C license and is arrested for DUI, California state law and federal regulations require the licensee to report this to his or her employer.
The California DMV, after a DMV admin per se hearing with a finding adverse to the driver, will then suspend the driver’s license of the Class B licensee for one year on a first-time DUI, regardless of whether the person was DUI while driving a commercial vehicle or his or her personal vehicle.
It the driver has a Class C commercial driver’s license to transport hazardous materials, the person loses his driver’s license for three years.
Because of such harsh consequences, we at Greg Hill & Associates treat the DMV hearing for a commercial driver much more seriously than normal. Having a blood sample retested, hiring a medical expert, visiting the scene of the arrest and getting all the evidence (particularly dash-cam videos (called MVARS (mobile video audio recording systems)) and body-cam videos) often only available after the criminal case begins in court is important.
During the suspension period of one year (or three years), the Class B (or C) licensee is ineligible for a restricted license from the DMV. This also obviously can cause a loss of income.
During that year (or three years) of suspension or revocation, an employer may not allow such a driver to operate a commercial vehicle. Some of our luckier clients have kept their jobs, but have worked as a dispatcher for their employer. If the person loses his or her job, it may be very difficult to get a new job when the one year or three-year period ends.
This one-year or three-year suspension, without a restricted license, is far more severe than the 120-day suspension a person faces on a first-time DUI if the person does not have a Class B or C license after the DMV hearing, if that person loses at the DMV hearing. During that 120 period, the non-commercial driver is eligible for a restricted driver’s license after serving thirty days of the 120 day suspension, as long as the DUI was not accompanied by a refusal to submit to a breath or blood test.
If a commercial-licensee is convicted of DUI a second time, that person loses his commercial driver’s license for life. 49 Code of Federal Regulations (C.F.R.) 383.51.
The punishment for a conviction for DUI depends upon whether it is a first or second DUI within the ten year period measured from arrest dates. The punishment for a first time and second time DUI is no different than for a person convicted as non-commercial driver. The DMV is where the increased punishment, as compared to a non-commercial license holder, takes place.
It merits mention, lastly, that if one does not yet have a commercial driver’s license, but wants to become a truck driver with a commercial driver’s license, having a prior DUI will not prevent one from being issued a Class B or C license. Having two DUI convictions, however, will bar issuance of such a license.
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