Are DUI Laws Different for Truckers in California?
Yes. DUI laws are significantly stricter for truckers (commercial drivers) in California compared to most regular, non-commercial drivers. The legal BAC (blood alcohol concentration) limit for those holding a commercial driver’s license (CDL), such as truck drivers, is lower, and the penalties for a DUI conviction can be much more serious and far-reaching.
For most adult drivers in California, the legal blood alcohol level is 0.08%. But for CDL holders, like those such as those driving big rigs, semi-trucks, buses, or other commercial vehicles, the threshold drops to just 0.04% while operating a commercial vehicle.
This means even a small amount of alcohol can put a commercial driver at risk of being charged with DUI, even if they wouldn’t be over the limit behind the wheel of a personal car. If you were injured in a crash with a semi-truck in Roseville, Rosenthal Law can help.
Truck Drivers Face Increased Penalties and Lasting Consequences for a DUI
Commercial drivers in California who are caught and convicted of DUI face not only the regular criminal penalties all drivers face, but also far more severe professional consequences tied specifically to their CDL.
Upon a first-time DUI arrest (even if it doesn’t happen while driving a commercial vehicle), truckers face:
- Losing their CDL and being barred from all commercial driving for one year, no matter which vehicle they were driving at the time.
- Suspended regular California driver’s license.
For truck drivers who have more than one DUI or chemical test refusal, or who haul hazardous materials at the time of offense, they may face a lifetime ban from ever holding a CDL in California.
Drivers are not eligible for work-restriction licenses to operate a commercial vehicle during their suspension period in DUI situations.
Additional Laws and Responsibilities for CDL Holders
Commercial drivers in California must also submit to post-accident alcohol and drug testing, are expected to never use alcohol while “on duty,” and may not have any BAC of 0.01% or higher within four hours of operating a truck (in line with federal FMCSA regulations). CDL holders are subject to routine, random testing by employers in the industry, both before hiring and throughout employment.
Holding a CDL means more is at stake for any alcohol-related charge. Even a misdemeanor DUI while you’re not on the clock can cost you your job and create permanent professional limitations.
Why Accident Victims Should Speak With a Lawyer Right Away
If you got injured due to a crash with a CDL driver who may have been under the influence, it’s critical that you talk to a lawyer experienced with both state DUI defenses and federal trucking law.
After a DUI arrest in California, you generally have just 10 days to request a DMV administrative hearing, and if you miss that deadline, your license suspension proceeds automatically, regardless of what happens in criminal court. For a commercial driver, that administrative process is crucial.
Call a Roseville DUI accident lawyer right away if you are suffering from an injury.