Commercial Driver (CDL) DUI in California
If you're a commercial driver charged with DUI in California, the consequences can be devastating. A CDL DUI conviction not only threatens your driving privileges but can also end your career in transportation, trucking, or rideshare services. We connect the transportation regulations explained here with DMV hearings, sentencing strategy, and rapid response consultations.
At Walia Law Firm, our California CDL DUI defense attorneys aggressively represent truck drivers, delivery drivers, and other commercial license holders facing DUI charges across the San Francisco Bay Area - including San Jose, Oakland, Fremont, and San Francisco.
Understanding CDL DUI Laws in California
California imposes stricter DUI standards for commercial drivers. Under California Vehicle Code §23152(d), operating a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher is considered driving under the influence.
Unlike regular drivers, CDL holders are held to this lower legal limit because of the increased responsibility for public safety. Even if you were off duty or driving your personal vehicle, a DUI conviction can still impact your commercial driving status.
CDL DUI Penalties & Consequences
A conviction for a CDL DUI can trigger both state and federal penalties, including action by the California DMV and the Federal Motor Carrier Safety Administration (FMCSA).
| Offense | Potential Penalties |
|---|---|
| First CDL DUI (0.04% or higher) | 1-year CDL suspension, up to 6 months in jail, fines up to $2,500, probation |
| Second CDL DUI | Lifetime CDL disqualification (no reinstatement) |
| DUI in a Personal Vehicle | Counts as a prior offense, 1-year CDL suspension even if off-duty |
| Refusal to Submit to Chemical Testing | Automatic 1-year CDL suspension |
How a CDL DUI Affects Your Career
- Loss of employment: Most trucking companies terminate drivers convicted of DUI due to insurance restrictions and compliance requirements.
- Loss of income: Without a valid CDL, you can't legally drive a commercial vehicle in California or across state lines.
- Permanent record: A DUI remains on your driving and criminal record, affecting background checks and future employment.
- No restricted CDL: California does not allow restricted or hardship commercial licenses after a DUI suspension.
Even a DUI in your personal vehicle can have serious repercussions on your commercial driving privileges.
Federal vs. State Regulations
Commercial drivers must comply with both California state law and federal FMCSA regulations. This dual jurisdiction means:
- Federal disqualification periods apply regardless of state penalties
- Out-of-state DUI convictions affect California CDL status
- Employer notification requirements under federal law
- Interstate commerce restrictions during suspension
Common Defenses for CDL DUI Cases
Our California CDL DUI lawyers carefully analyze every detail of your case to uncover weaknesses in the prosecution's evidence. Common defenses include:
- Illegal traffic stop or lack of probable cause
- Inaccurate or improperly calibrated breathalyzer
- Rising BAC defense (BAC increased after driving)
- Incorrect chemical testing procedures
- Violation of your federal CDL rights
- Unlawful arrest or Miranda violations
By challenging the evidence, we aim to protect your license, career, and reputation.
Immediate Steps After a CDL DUI Arrest
- Contact a CDL DUI defense attorney immediately.
- Request the DMV hearing within 10 days to contest license suspension.
- Notify your employer as required by FMCSA regulations (within 30 days).
- Preserve all documentation related to your arrest and testing.
- Do not discuss your case with anyone besides your attorney.
- Begin exploring alternative employment options as a precaution.
Why Choose Walia Law Firm
With over 20 years of DUI defense experience, Attorney Ginny Walia has successfully defended commercial drivers throughout the Bay Area - including truckers, bus drivers, Uber and Lyft operators, and delivery drivers.
Our team provides:
- Aggressive representation in DMV hearings and court
- Deep knowledge of California DUI and FMCSA regulations
- Personalized defense strategies focused on license protection
- Proven results in reducing or dismissing DUI charges
When your livelihood is on the line, you need a skilled CDL DUI defense attorney who understands both state and federal transportation law.
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
