Monday, November 5, 2012

Orange County DUI And Your Commercial Driver’s License

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

If you are the holder of a California Commercial Driver’s License an arrest for driving any vehicle while under the influence of alcohol or drugs (DUI) can have devastating penalties. Specifically, if you are CONVICTED of a first-offense DUI you will lose your commercial driver’s license for one year (3 years for hazardous materials). A second-offense requires revocation for LIFE. That’s why it’s so important to talk to an experienced Orange County DUI lawyer if you have been arrested for a DUI in Orange County.

California Vehicle Code Sections 23152 and 23153 are the DUI laws in California. Section 23152(a) makes it a crime to drive with any alcohol or drugs in your system if the drugs or alcohol make you too impaired to drive safely. Orange County DUI lawyers know that the field sobriety tests and your driving—often at a DUI checkpoint—are the main evidence for prosecution under this section. Section 23152(b) makes it a crime to drive a motor vehicle with a blood-alcohol of 0.08% or higher, even if you aren’t the slightest bit impaired by the alcohol. The blood test and breath test are the primary evidence here. And under section 23152(d) it is illegal to drive a commercial vehicle with a blood-alcohol level of 0.04% or higher. Section 23153 is almost identical to 23152 but is charged only when there is a DUI with injury to someone other than the driver. A refusal to take a blood or breath test is also considered a DUI and will also result in the loss of your commercial license.

 If you are a holder of a California Commercial Driver’s License, you will lose that license if you are convicted of DUI under any of these laws, even if you were driving your own car at the time. Also, your DUI attorney in Orange County will tell you that if you were driving a commercial vehicle at the time of the DUI arrest, then your license suspension imposed after the DMV hearing will be a straight suspension with no allowance for a restricted license.

 California Vehicle Code Section 15300 and 15302 list the mandatory penalties for conviction of drunk driving (DUI) as well as other offenses. Some of the other violations that will result in the loss of your commercial driver’s license include: hit and run, using a motor vehicle in the commission of any felony, driving a commercial vehicle on a suspended, revoked, or cancelled license and evading a peace officer. So if you are charged with any of these offenses you need to consult with a criminal defense lawyer inOrange County.  Other non DUI related grounds for loss of a commercial driver’s license are listed in California Vehicle Code Section 13369. They include having too many accidents, excessive use of alcohol or drugs, irrational behavior, and too many tickets.

If you are facing charges for a DUI in Orange County your right to drive is on the line. For more information on how to protect your license and to stay out of jail call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer with outstanding caseresults. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
DUI Lawyer in Orange County
Orange County DUI Attorneys

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