Some smaller commercial vehicles can be driven with an ordinary driving licence (category C). However, the driver must receive a « commercial driver confirmation ». « (d) It is unlawful for a person who has 0.04% or more by weight of alcohol in his blood to drive a commercial vehicle as defined in section 15210. In any prosecution under this division, it is a rebuttable presumption that the person had 0.04% or more alcohol in their blood at the time the vehicle was driven if they had 0.04% or more alcohol in their blood at the time of performing a chemical test within three hours of driving. Condemning any form of drunk driving in California can result in both criminal penalties AND suspension of the driver`s commercial driver`s license. Here are some examples of drivers and employers who may be subject to FMCSA regulations regarding the use of drugs and alcohol by commercial drivers: Semi-trailers are a category of commercial vehicles Example: Paul and Steve are heavy rigging drivers. They meet one evening for a few drinks. After that, Steve gets in his car. Paul climbs on wheel 18.
A few minutes later, both reached a drunk driving checkpoint. Steve has a blood alcohol level of 0.06. Because he drives a car, he is below the legal limit of 0.08 and is allowed to continue. But Paul has a blood alcohol level of 0.05. Although his blood alcohol level is lower than Steve`s, he is subject to the 0.04% limit because he drives a commercial vehicle. As a result, Paul is arrested for impaired driving under vehicle code 23152 (d). Almost every other state in the U.S. also has an administrative license suspension for drunk driving while driving a commercial vehicle.
If a commercial vehicle driver is convicted of impaired driving, they can expect to lose their driver`s licence for at least one year. This period may be longer if they move a hazardous substance. If a person is convicted of driving a commercial vehicle under the influence of alcohol, their driver`s licence can usually be immediately suspended for the duration of their trial, as described above. After an acquittal, their licence can be reinstated. Imprisonment and fines are the same for commercial and non-commercial drivers. A first DUI, where the offender`s blood alcohol level is less than 0.15, often results in at least one day of imprisonment and a fine of $940.50. For detailed information on applicable fines and penalties for impaired driving violations, see the Impaired Driving Criminal Table provided on the Washington Courts website www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/duigrid/index&preview=true&site_id=50. RCW 26.25.090 states that you can be charged and convicted of impaired driving if the police determine that you have a blood alcohol level of 0.04% while driving a commercial vehicle. You can also be burdened with impaired driving if you are impaired by medication or have a measurable amount of THC in your blood. A professional driver convicted of a second impaired driving loses his or her business licence for life.5 CDL holders also face harsher penalties for first drunk driving convictions.
That`s because driving at or above the legal limits for the type of vehicle they operate puts them in Pennsylvania`s « high-rate » level of drink-driving. Non-CDL holders are only classified in this level if their blood alcohol level was between 0.10% and 0.159%. (10) A violation of section 2800.1, 2800.2 or 2800.3 affecting a commercial vehicle. The process for a commercial DUI is the same as for a regular DUI in California, but with a longer suspension period. People with a commercial driver`s licence (CDL) drive large vehicles, including those weighing 26,001 pounds or more, carrying 16 or more passengers, carrying students or transporting dangerous goods. Since commercial vehicles are generally larger than passenger cars, they can cause significant damage in the event of an accident. As a result, CDL licensees are subject to greater restrictions than non-CDL licensees. A Commercial Driver`s License (CDL) is required to drive certain types of motor vehicles. These typically include commercial vehicles with a total weight of more than 26,000 pounds. This may include: What you do in your personal life may also affect your business license.
If you`re behind the wheel of a commercial vehicle, you know that the government keeps you at a higher level of sobriety than other drivers. Does this mean that an offence in your personal vehicle could cost you your CDL? Reviewing your test results, driving history, and even medical records can help you find ways to defend yourself and protect your business license after an arrest under the influence of alcohol. A second conviction for impaired driving in California results in the lifetime loss of a commercial driver`s license. If you have problems with your commercial driver`s licenses, you should contact a lawyer immediately. In some cases, a lawyer may reduce or drop your charges, depending on the facts of your case and the evidence involved. Large commercial vehicles that require a Class B license in California include: A conviction for impaired driving is a serious felony and can have serious consequences for a driver with a business license. In addition to state penalties for drunk driving and fines and costs related to drunk driving, a CDL driver`s business license can be suspended for up to one year. (7) Driving a commercial vehicle when the driver`s licence is revoked, suspended or cancelled by reason of the driver driving a commercial vehicle or when the driver is excluded from driving a commercial vehicle by reason of the driver driving a commercial vehicle. The standards for CDL drivers are strict. If you have a CDL, a drunk driving fee may result in disqualification from the CDL. However, there are also many ways to fight back.
To learn more about your options and how to avoid losing your business license, contact a DUI Seattle truck driver attorney at Emerald City Law Group at 206-973-0407 for a free initial consultation. Our lawyer has over 15 years of legal experience and knows how to deal effectively with drunk driving cases. We are committed to using our knowledge and skills to build a legal defense and fight the charges you face. They can also be charged under the typical DUI laws, RCW 46.61.502 or RCS 46.61.504. Under these laws, you can be convicted of impaired driving if you have a blood alcohol level of at least 0.08% or a THC concentration of 5.00 or higher within two hours of driving or actually physically checking a vehicle. If you are charged with impaired driving in a non-commercial vehicle, the highest legal limit applies. However, the situation is not much better. The consequences of arrest for impaired driving and a possible conviction always affect your CDL. Commercial drivers may be required to undergo a breathalyzer test following an accident, reasonable suspicion or as a condition of return to service following a breach of the Alcohol Directive. In addition to alcohol testing, FMCSA regulations allow drug testing in the following circumstances: as a condition of employment, on reasonable suspicion, after an accident, and as a condition of return to work after a violation of drug policy. The following drugs are often screened: marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP). If you are arrested and a breath test shows that you have a blood alcohol level of 0.03% or less, you will not be charged with drunk driving, but will be put out of service for 24 hours.
While not a criminal charge, it can have a big impact on your career. You cannot move your commercial vehicle and must notify your employer immediately. If the state suspends your personal driver`s license or charges you for driving under the influence (DUI), this usually has immediate consequences for your commercial driver`s license. Defending yourself against drunk driving on hold may be the only way for you to protect your licence. The blood alcohol limit (BAC) for commercial drivers driving a commercial vehicle is 0.04% instead of 0.08% as for people driving normal passenger cars. If a police officer stops you while you are in a commercial vehicle, you must be below this limit of 0.04%. Fighting commercial drunk driving fees in California is the same as fighting regular DUI fees. If your CDL was suspended when you were arrested for impaired driving in your commercial vehicle, you should immediately contact a DUI attorney for truck drivers in Seattle.