Johnson & Johnson: Calfornia DUI | Commericial Drivers

Overview

DMV Hearings

Frequently Asked
Questions

Field Sobriety Tests

Breath & Blood
Testing

Penalties
- 1st offense
- 2nd offense
- 3rd offense
- 4th offense

Commercial
Licenses

DUI Boating

Alternatives to
Custody

DUIs and Commercial Drivers Licenses

If you have been arrested for a DUI and hold a Commercial Driver's License you need to act immediately to retain counsel to assist you with your DUI. The penalties to a commercial driver's license holder are severe.

According to the provisions of the Federal Motor Carrier Safety Administration a commercial driver's license will be disqualified for one year if:
1) the driver's license is suspended in an administrative hearing;
2) the driver refuses to take a breath alcohol test or a blood alcohol test;
3) the driver is convicted of a DUI. This is true even if the Commercial Driver is driving his/her family vehicle for personal matters totally unrelated to any commercial enterprise.

YOU DO NOT HAVE TO BE DRIVING A COMMERCIAL VEHICLE to become disqualified.

If you have a prior offense and have a subsequent refusal; suspension or conviction you will become disqualified to hold a Commercial Driver's License for life.

A highly trained and qualified DUI attorney can help you take steps to try to avoid disqualification to your Commercial Driver's License. You need to act immediately upon arrest or citation for DUI.

If your license was previously disqualified under FMCSA § 383.51, there is a provision for becoming eligible after serving 10 years of the lifetime disqualification and voluntarily entering and completing state authorized rehabilitation. Federal and state regulations are complex, and you need a qualified attorney who will fight for your reinstatement.

(b) Disqualification for major offenses. Table 1 to §383.51 contains a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

If a driver operates a motor vehicle and is convicted of:	For a first conviction or refusal to be tested while operating a CMV, a person required to have a CDL holder must be disqualified from operating a CMV for:	For a first conviction or refusal to be tested while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for:	For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F), a person required to have a CDL and CDL holder must be disqualified from operating a CMV for:	For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for:	For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for:
(1) Being under the influence of alcohol as prescribed by State law.	1 year	1 year	3 years	Life	Life
(2) Being under the influence of a controlled substance.	1 year	1 year	3 years	Life	Life
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV	1 year	Not applicable	3 years	Life	Not applicable
(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in §383.72 of this part.	1 year	1 year	3 years	Life	Life
(5) Leaving the scene of an accident.	1 year	1 year	3 years	Life	Life
(6) Using the vehicle to commit a felony other than a felony described in paragraph (b)(9) of this table.	1 year	1 year	3 years	Life	Life
(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV.	1 year	Not applicable	3 years	Life	Not applicable
(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.	1 year	Not applicable	3 years	Life	Not applicable
(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.	Life – not eligible for 10-year reinstatement.