Can You Lose Your CDL If You Get a DUI in California?

As a commercial driver, your livelihood depends on maintaining a valid Commercial Driver’s License (CDL).

But, a DUI conviction can put your CDL at serious risk—potentially leading to a suspension, revocation, or even a lifetime disqualification from holding a commercial driving license.

The consequences of a DUI for CDL holders are severe, and they extend far beyond the immediate legal penalties. Losing your CDL can effectively end your career as a professional driver, making it that much more important to understand the laws, penalties, and strategies for protecting your commercial driving privileges in the face of DUI charges.

California DUI Laws for CDL Holders

As a CDL holder, you’re held to a higher standard when it comes to driving under the influence of alcohol or drugs. While the legal blood alcohol concentration (BAC) for non-commercial drivers is 0.08%, for CDL holders, it’s only half that (0.04%).

This means that even a relatively small amount of alcohol consumption can put you over the legal limit and lead to a DUI charge. In fact, you can be charged with a DUI even if your BAC is less than the legal limit since the state only needs to prove that you were driving under the influence or impaired.

If convicted, you could face fines, jail time, and the suspension or loss of your commerical driver’s license which could end your career as a driver.

What Happens if a Truck Driver Gets a DUI?

For a first-time DUI conviction while operating a commercial vehicle in California, a truck driver faces:

• Up to 6 months in county jail
• Fines of $1,500 to $2,000
• 3 months of court-ordered DUI school
• A minimum 1-year suspension of their commercial driver’s license (CDL)

While the criminal penalties mirror a standard first-offense DUI, the commercial driver’s license suspension makes it impossible for a trucker to legally work during that 1-year period.

Second Commercial DUI = Lifetime CDL Revocation

The consequences escalate severely for a second DUI conviction. A truck driver convicted of a second DUI offense in California, even if not operating a commercial vehicle at the time, faces a lifetime revocation of their commercial driver’s license.

This permanently strips them of the ability to operate a commercial truck, effectively ending their career unless they pursue a different line of work.

DUI Causing Injury

If a truck driver’s DUI results in injuries to another person, they can be charged with a more serious offense – DUI causing injury under Vehicle Code 23153. Depending on factors like prior convictions and the severity of the injuries, this “wobbler” charge can be filed as either a misdemeanor or felony, resulting in potential jail or prison time.

A felony DUI causing injury conviction also counts as a strike under California’s Three Strikes law if there was “great bodily injury.” No matter the situation, a DUI conviction as a commercial truck driver carries professional consequences far beyond those for a non-commercial driver. With their livelihood at risk, we advise truckers charged with DUI to immediately contact our office for legal representation.

How Long Will I Lose My CDL After a DUI Conviction?

As mentioned above, the length of the suspension or revocation depends on various factors, but in most cases, you expect:

1. One-year CDL suspension for first offenses, regardless of whether you were operating a commercial or noncommercial vehicle
2. Possible lifetime disqualification from holding a CDL for second or subsequent offenses, meaning you permanently lose your ability to work as a commercial driver

How to Protect Your CDL After a DUI Arrest

If you’re a CDL holder facing a DUI charge, you can’t afford to wait and see what happens. You must take proactive steps to protect your commercial driving privileges and, ultimately, your career.

While the consequences can be severe, there are strategies you can use to give yourself the best chance of maintaining your CDL.

1. Hire an Experienced DUI Defense Lawyer

One of the most important steps you can take is to hire an experienced DUI defense lawyer who understands the challenges commercial drivers face.

At The Nieves Law Firm, we have handled dozens of DUI cases throughout California and have a strong reputation for getting charges reduced, dismissed, or not filed in the first place.

We are one of the largest criminal defense firms in the Bay Area, and with six locations statewide, we have the time, experience, and resources to give the state a run for their money in your case.

2. Fight the Charges and Seeking a Favorable Outcome

Depending on the specifics of your case, there may be opportunities to challenge the charges or seek an outcome that minimizes the impact on your CDL.

Our team will investigate the circumstances surrounding your arrest, examining the evidence and procedures used by law enforcement to identify any potential weaknesses or violations of your rights.

3. Consider Available Plea Opportunities

Another potential strategy to protect your CDL after a DUI arrest is exploring the possibility of pleading down the charge to a “wet reckless” driving offense. Reckless driving is generally viewed as less severe than a DUI and may not automatically result in a CDL suspension.

Your attorney can negotiate with the prosecution to reduce the DUI charge if there are mitigating factors or weaknesses in the case against you. While the decision to accept a plea deal ultimately rests with you, our lawyers are here to discuss your options.

4. Explore Possible Restricted Driving Privileges

In some cases, it may be possible to negotiate for restricted driving privileges that allow you to continue operating a non-commercial vehicle under certain conditions.

Our attorneys will explore available options to help you maintain your ability to drive.

Regaining Your CDL After a Suspension

If you lose your CDL due to a DUI conviction, all isn’t lost. Based on the facts of your case, you may have the opportunity to reinstate it. This may require completing educational programs, paying fines, and completing the suspension period.

If you are fortunate enough to regain your CDL after a suspension, it’s crucial to maintain a clean driving record moving forward. Any subsequent DUI offenses are likely to result in a permanent loss of your commercial driving privileges.

DUI Charges Threatening Your CDL? We Can Help

If you’re a CDL holder facing DUI charges in California, the stakes are high. A conviction could cost you your livelihood and your ability to work as a commercial driver. That’s why it’s so important to have an experienced legal team on your side.

At The Nieves Law Firm, we know what you’re up against. Our attorneys have extensive experience defending CDL holders in these types of cases, and we know what it takes to protect your commercial driving privileges and minimize the impact on your career.

Don’t take chances with your future as a commercial driver. Contact The Nieves Law Firm today to schedule a consultation and learn how we can help you fight the charges and maintain your CDL.