Thursday, May 2, 2013

DUI: Suspension Of The Commercial Driver’s License


If you are the holder of a California commercial driver’s license, that license is subject to suspension or revocation even if you are driving a non-commercial vehicle. Commercial drivers and  DUI Attorneys in Orange County know that a commercial license will be administratively suspended after a  DMV hearing for one year if the driver operates a commercial vehicle with a blood-alcohol level of 0.04% or greater. This suspension period shoots up to three years if the driver was hauling hazardous waste at the time of the violation. But a conviction for a DUI,  DUI drugs, or a DUI with injury in a non-commercial vehicle will also result in a one-year suspension on a commercial driver’s license. (California Vehicle Code Section 15300)

These are not the only ways that a commercial license holder can lose that license. A refusal  to submit to a chemical test (blood or breath test) when driving a non-commercial vehicle will also lead to a one-year suspension for a first offense. Also, unknown to most commercial license holders and even some  Orange County DUI Attorneys, a driver who holds a commercial license who leaves the scene of an accident involving a motor vehicle operated by the driver, even where it is not a commercial vehicle, will lose their commercial license for one year. Another obscure provision familiar to DUI Lawyers in Orange County says that using any motor vehicle to commit a felony must also result in the one-year suspension of a commercial driver’s license.
This one-year suspension is imposed on any first-offense listed above. A second offense DUI, or a second violation of any of these violations, or driving on a suspended license because of any of the above violations, mandates a lifetime ban on operating a commercial motor vehicle in California.

If you are the holder of a California commercial driver’s license and face a license suspension for any of the reasons discussed above, call the Law Offices of EJ Stopyro today at (949) 559-5500. You can consult with an experienced Orange County DUI Lawyer at no cost. Or visit our website at www.EJEsquire.com.
DUI Lawyer in Orange County

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