Commercial Drivers

Understanding CDL Suspensions and Reinstatements in California

In California, a Commercial Driver's License (CDL) is a vital credential for those operating commercial vehicles, including trucks and buses. The state's stringent regulations ensure that commercial drivers maintain high standards of safety and responsibility on the roads. However, violations such as Driving Under the Influence (DUI) can have severe repercussions, impacting a driver’s CDL status and employment prospects.

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The Impact of DUI on a Commercial Driver's License

A DUI conviction is a serious matter for any driver, but it carries heightened consequences for commercial drivers. Under California law, commercial drivers face stricter BAC limits compared to non-commercial drivers. While the legal BAC limit for private drivers is 0.08%, commercial drivers are required to maintain a BAC of 0.04% or lower while operating a commercial vehicle.

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When a commercial driver is convicted of a DUI, the impact on their CDL can be profound. A DUI conviction can lead to both immediate and long-term consequences, including suspension of their Commercial Driver’s License (CDL) even if they were not driving a commercial vehicle when they were arrested for a DUI. The severity of the suspension typically depends on the specifics of the offense, including whether the driver has prior DUI convictions or other violations.

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You should also be aware that if you hold a commercial driver’s license from another state a DUI action in California may also result in a one year suspension of your Commercial Driver’s License by the issuing state.  You should not take a DUI lightly if you are a commercial driver facing a DUI charge.  

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Duration and Consequences of CDL Suspension

If you are arrested for a DUI in California, your employer may be notified of that arrest, and they may terminate your employment or prevent you from driving while the case is pending.  You should be aware that if you are arrested for a DUI and you or your attorney contact the DMV and request a stay of suspension and demand a hearing with the DMV, your driving privilege will remain valid, including your commercial driver’s license until there is a hearing and a decision following that hearing.  Your attorney will be able to explain that to your employer if necessary.

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The duration of a CDL suspension in California can vary depending on the nature of the offense and the driver's record. For a first DUI offense, commercial drivers may face a suspension period of up to one year. If a commercial driver is convicted of a second DUI, they can lose their commercial driver’s license for life.  

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A CDL suspension not only affects the driver's ability to operate a commercial vehicle but also has significant repercussions for their employment. Many commercial driving positions require an active CDL, and a suspension can result in job loss or difficulty finding new employment.  This may also be the case if the position they hold does not require driving (like a supervisor).

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Reinstating a Suspended CDL

Reinstating a suspended CDL in California involves several steps. First and foremost, the driver must fulfill all conditions of their suspension, which may include completing DUI education programs, paying any associated fines, maintaining the required insurance coverage, and serving any required suspension period.

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Once the suspension period is over, the driver must apply for reinstatement through the California Department of Motor Vehicles (DMV). The reinstatement process may require submitting proof of completion of required programs and paying a reinstatement fee. Additionally, drivers may need to pass a written test or a driving test, depending on the length of the suspension and any additional requirements set by the DMV.  This may not be required if the Commercial Driver does not obtain a restricted non-commercial driver’s license while their Commercial Driver’s License is suspended.

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Costs and Fees Associated with Reinstatement

Reinstating a CDL typically involves several costs. The reinstatement fee is a standard charge that varies depending on the nature of the suspension. In addition to the reinstatement fee, drivers may incur costs for DUI education programs, legal fees if they seek representation, and any fines imposed by the court.

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Legal Recourse and Contesting a Suspension

Drivers facing a CDL suspension have legal options to contest the suspension or appeal a decision. Engaging with a legal professional specializing in DUI and CDL matters can be beneficial in navigating the complex legal landscape. Attorneys can assist in challenging the suspension, negotiating with the DMV, or exploring alternative legal strategies to minimize the impact on the driver’s CDL and employment.

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Future Considerations and Employment Impact

A CDL suspension can have lasting effects on a driver's career. Even after reinstatement, a DUI conviction remains on the driver’s record, potentially influencing future employment opportunities. Employers in the commercial driving industry often scrutinize driving records, and a DUI conviction may be viewed unfavorably.  This is especially true if you are driving a company commercial vehicle and you are required to obtain or maintain additional insurance due to your DUI conviction.

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In conclusion, maintaining a CDL in California requires adherence to stringent legal standards, particularly regarding DUI offenses. Understanding the implications of a DUI conviction, the process for reinstatement, and the associated costs can help commercial drivers navigate the challenges posed by a CDL suspension. Legal assistance and proactive steps toward reinstatement are crucial in mitigating the long-term impact on one’s career and livelihood.