Navigating DUI Charges and CDL Suspension in California

Understanding California Vehicle Code Section 23152(d)

California Vehicle Code Section 23152(d) specifically addresses DUI offenses involving commercial drivers holding a Class A or Class B license. In California, the legal blood alcohol content (BAC) limit for most drivers is 0.08%. However, for commercial drivers, the limit is stricter—set at 0.04% while driving a commercial vehicle. If you're off the clock and driving your personal vehicle, the 0.08% limit applies, but a DUI arrest in your personal vehicle can result in the suspension of your Commercial Driver’s License (CDL).

Penalties for DUI for Commercial Drivers

Here’s what you need to know:

1. First DUI Offense
   A first-time DUI conviction results in the automatic suspension of a driver’s CDL for one full year—even if the individual was driving a non-commercial vehicle. While a year might seem like a short time, for a commercial driver, it can mean the loss of jobs, contracts, and income.
2. Second DUI Offense
   If convicted of a second DUI at any point in time, a driver risks a lifetime suspension of a CDL in California. That means they may never be able to drive commercially again, regardless of their record after the fact.
3. Personal Vehicle DUIs Still Count
   Getting a DUI on a personal vehicle can still lead to a suspension of the CDL. Even if the driver wasn’t working or driving a commercial vehicle at the time of the offense, the CDL is tied to the overall driving record. Therefore, if pulled over for DUI on their day off, their job can still be on the line.
4. Lower BAC Limit for CDL Holders
   CDL holders face a stricter BAC limit of 0.04%. This means they can be charged with a DUI and lose their commercial license even if they've only had one or two drinks.  The legislature feels that driving a commercial vehicle requires more attention to the road, and any impairment puts others at greater risk, so they have set the legal limit at 0.04.

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What Happens During CDL Suspension?

When a CDL is suspended, CDL holders lose the ability to drive under their commercial license. They may still be allowed to drive a personal vehicle, although the suspension or revocation of a person’s CDL means they won’t be able to work in any job that requires a Class A or Class B commercial license.

Can You Fight a DUI Charge?

All DUI charges can and should be fought. Because the DMV offers no restricted commercial license following a suspension, a Class A or Class B driver has much more to lose than a Class C driver. An experienced DUI attorney will give you a much better chance of saving your commercial driver license by representing you at your DMV hearing and in Court.

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Contesting CDL Suspension

When a CDL is at risk due to a DUI charge or other offenses, drivers have the option to contest the suspension. The process involves requesting a hearing with the Department of Motor Vehicles (DMV) within 10 days of the arrest.  A timely request of a hearing, will keep your CDL valid until there is a hearing and a decision following that hearing.   At the hearing, an attorney is essential in making arguments that the DMV lacks authority to suspend the license based on unlawful arrest or other defenses. 

Reinstating a CDL After Suspension

The reinstatement of a CDL following a suspension involves fulfilling several requirements, including serving the 1 year hard suspension, completing any mandated DUI education programs, paying reinstatement fees, and meeting any additional conditions set by the DMV. If there has been a prior suspension in the past 10 years, the driver is not eligible to reinstate the commercial license.  

If the driver does not obtain a Class C license during that 1 year suspension, they can generally have their commercial license reinstated without additional testing or requirements to fulfill.