THE KAVINOKY LAW FIRM

If you have a commercial driver’s license and you’ve been arrested for California DUI, whether it is a misdemeanor or a felony because of injuries or prior drunk driving convictions, you face special challenges regardless of whether you were behind the wheel of a commercial vehicle when you were arrested.  If you are a commercial license holder, and you’ve been arrested for DUI, you should contact The Kavinoky Law Firm right away for a free consultation.

If you were driving a commercial vehicle at the time of your arrest, you should be aware that the applicable legal limit is not .08 percent blood alcohol content (BAC); instead, the legal limit is .04 percent.   California Vehicle Code section 23152 (d) specifically declares that it is unlawful for any person who has a BAC of 0.04 percent or more to drive a commercial motor vehicle.

A commercial vehicle, for purposes of this law, is one that requires a Class A or Class B license to operate, or one that requires a Class C license with a special endorsement, such as one that is carrying hazardous materials.

However, what many commercial drivers don’t realize is that ANY conviction for DUI, either misdemeanor or felony, whether in a commercial vehicle or passenger vehicle, can result in the loss of their commercial license for one year based on a first-offense conviction, or a lifetime loss of commercial driving privileges for a second-offense.

This is a point that is often lost on commercial drivers, and, unfortunately, some lawyers too.  Commercial drivers get stuck with a one year suspension of their commercial driving privileges if they are convicted of a first-offense DUI, even if they are not driving a commercial vehicle at the time!  Commercial drivers lose their commercial driving privileges for LIFE if they are convicted of a second-offense DUI, even if they are not driving a commercial vehicle at the time!

These same punishments apply to drivers who are convicted of driving commercial vehicles with an alcohol level of .04 percent or greater, or a conviction of vehicular manslaughter.

If you hold a commercial driver’s license, and you’ve been arrested for DUI anywhere in California, the stakes are higher for you than for others.  You face the loss of your income and your very livelihood for at least a year, and possibly for life.  It is critical that you contact The Kavinoky Law Firm at 1-800-NO CUFFS for a free consultation.