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Los Angeles Commercial DUI Lawyer – The Los Angeles DUI Attorney Group
Commercial operators and those with such licenses can be charged with a DUI and lose their commercial license for one year under much stricter standards than those with passenger vehicle licenses. Under CVC 23152(d), your BAC level may not be 0.04% or higher:
“CVC 23152 (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving…”
But you can be also be found guilty of commercial DUI if other circumstances exist. Your Los Angeles DUI Attorney Group lawyer will defend you regarding any of these conditions that can lead to a DUI arrest:
- Your BAC was at least 0.04% when driving a commercial vehicle
- You were driving a passenger vehicle with a BAC of 0.08%
- You were driving a passenger or commercial vehicle while under the influence of alcohol or drugs
- You refused chemical testing
Proof of any one of these will lead to an automatic loss of your commercial driver’s license for one year and you lose it for life if you receive a subsequent conviction. Your noncommercial license is subject to the same revocation period as any other driver, which for a first offense is 6 to 10-months. Talk to a Los Angeles Commercial DUI Lawyer at from the Los Angeles DUI Attorney Group regarding any of these conditions and your legal rights.
Penalties for a Commercial DUI
Typically, you may face these penalties for a first offense commercial DUI:
- Fine of $390 up to $1000
- Possible jail time of 48 hours and up to one year or community service
- 3-month up to 36-months participation in a DUI class or program
- No restricted commercial or noncommercial license under any circumstances
You must also inform your employer within 30 days of your suspension.
Defenses to Commercial DUI
The defenses to a DUI are the same for a commercial DUI. The Los Angeles Commercial DUI Lawyer at Los Angeles DUI Attorney Group lawyer will explain them to you in detail. These may include:
- The breathalyzer was not operating correctly or accurately based on your medical condition
- The breathalyzer was not serviced nor maintained according to guidelines
- The technician was not properly trained to administer the breath device or to extract a blood sample
- The blood sample was tainted
- The police lacked probable cause to stop, detain or arrest you
- Your refusal to submit to BAC testing was reasonable
Immediately contact an a Los Angeles Commercial DUI Lawyer at the Los Angeles DUI Attorney Group if you have a commercial license and was arrested for DUI.