California has a low tolerance for the holders of a Class A Commercial Driver’s Licenses operating under the influence. This guide will cover how criminal DUI charges may affect your commercial driving privileges and how to be proactive about restoring your driving privileges.
Who is Going to Suspend My Commercial Driving Privileges?
Both the criminal court and the DMV can suspend or revoke your Class A Commercial Driver’s License in the event of a DUI. The DMV will usually suspend or revoke the license after a hearing (see below for more information on how you can fight for your license at the hearing), which is usually triggered after DUI charges are brought against you.
The criminal court will not suspend or revoke your license until after you have been convicted of the DUI. Therefore, there is a chance that your license can be suspended twice for the same conduct, and it is crucial to find an attorney to avoid that double suspension.
What DUI Charges Affect My Commercial Driving Privileges?
Commercial drivers should be aware that a number of DUI charges and convictions may lead to the suspension of your Class A Commercial Driver’s License for a minimum of one year. If you have a 0.04% blood alcohol content or higher while driving a commercial vehicle, or with a 0.08% or higher blood alcohol content while driving any type of vehicle, then your commercial license could be suspended for one year. If you drive while intoxicated by alcohol, drugs, or both, your commercial license can also be suspended. If you injure another person while driving under the influence, your commercial driver’s license can also be suspended for a year.
If you have been convicted of a prior DUI or wet reckless charge within the past ten years, then the consequences for a conviction on your current DUI charge can be severe. California mandates that if a person is convicted of a second DUI within ten years, their commercial license is revoked for the rest of their life. Therefore, it is of the utmost importance that you do what you can to fight the conviction and keep your commercial driving privileges. The attorneys at Lamano Law Offices have years of experience skillfully handling DUI cases that put your commercial driving privileges at risk.
How Can I Fight the Suspension or Revocation of My Commercial Driving Privileges?
You can fight to keep your commercial driving privileges through a DMV hearing, also called an Administrative Per Se (APS) hearing. You need to request this hearing from the DMV within 10 days of your arrest, so it is vital to retain an attorney as soon as possible so your attorney can make that request and begin to gather the necessary evidence.
At the hearing, your attorney will have a chance to argue on your behalf about why your conduct should not result in a suspension or revocation. The attorneys at Lamano Law Offices are skilled at finding the best defenses to make at your DMV hearing.
The attorneys at Lamano Law Offices are also skilled at fighting to get you the best deals in court. We will do what we can to get a deal that cuts down the effective time your Class A Commercial Driver’s License is suspended or revoked so you can get back on the road faster. In some cases, we might be able to help you avoid suspension or revocation altogether.
You have a role to play as well: you can provide your attorney with as much information as possible that shows who you are. If the judge can see who you are as a person, they’re more likely to believe that this DUI charge is a bad thing that happened to you, not a representation of who you actually are. Being able to show how important your commercial driving privileges are to you goes a long way to help convince the court to let you keep them.
The attorneys at Lamano Law Offices understand that your career and livelihood can be at stake when your commercial license is on the line. We will fight to protect your license and get you the best results possible. If you have more questions about your circumstances, please email info@lamanolaw.com or contact us online.
