Friday, April 27, 2012

How Do California DUI Laws Treat Commercial Drivers?

DUI Laws in general tend to slam a person charged and convicted with drunk driving, however, when you are a commercial driver it gets even more evil. In addition to any other penalties, if a driver of a commercial motor vehicle violates Vehicle Code 23152(a), (b), (c), or (d) or section 23153(a), (b) or (d) while driving any vehicle, and the court notifies the DMV of this fact, the DMV must disqualify that driver from driving a commercial motor vehicle for one year. (VC 15300(a)(1)–(4), 15320). If the driver is convicted of a second DUI violation, the California DMV will impose a lifetime ban on that driver’s right to drive a commercial motor vehicle.

What about when a refusal is alleged as part of the DUI? In refusal cases, in addition to any other penalties, if a driver of a commercial motor vehicle willfully refuses to submit to, or fails to complete, a chemical test to determine his or her blood-alcohol content in connection to the driving of any vehicle, the DMV must disqualify that driver from driving a commercial motor vehicle for one year. A driver’s second refusal will result in a lifetime ban on his or her right to drive a commercial motor vehicle.