Can You Get a Commercial License With a DUI in California?

A DUI conviction in California can result in serious penalties that could include steep fines, probation, and time in jail. If you drive commercial trucks and were arrested for a DUI, you may be searching the internet with this question: Can you get a commercial license with a DUI in California?

For California residents who operate commercial vehicles, a DUI could have implications for their ability to return to work. One way you can reduce the chances of losing your ability to drive freight for a living is by hiring a Napa commercial license DUI lawyer. They can help you fight the charges you are facing.

Table of Contents

Implications of a DUI for Drivers with a Commercial License

A Commercial Driver’s License (CDL) is a specialized license required to operate vehicles that transport goods, passengers, or hazardous materials commercially. To obtain a CDL, drivers must undergo specialized training before they are issued a license by state authorities.

CDL holders are required by law to notify their employer within 30 days after being convicted of any motor vehicle traffic violation, including DUIs. The notification should be in writing, describe the crime, and provide other relevant information.

Following a first-time DUI conviction, drivers who hold a CDL in California generally face a one-year suspension of their CDL. The suspension could be for a longer period of time if the driver is certified to transport hazardous materials.

Any subsequent DUI conviction could lead to a lifetime suspension of the driver’s CDL. This effectively means that the driver loses their ability to drive commercial vehicles for a living. Private businesses have full discretion to hire, suspend, or terminate drivers when there is good reason to believe the driver can no longer be trusted to operate a commercial vehicle.

This means there could be professional implications for any commercial driver facing a DUI charge or a driver who has a history of driving under the influence. The criminal charge for a first-time DUI is typically a misdemeanor unless the driver committed an aggravating offense, such as injuring someone or committing homicide while driving under the influence.

A DUI also has serious implications for any driver’s general driving privileges. The arresting officer is required to forward a copy of the notice of license suspension to the local DMV office. The DMV then conducts an administrative review of the police report.

Drivers can request a hearing from the DMV where they can make a case for why the DMV should reinstate their driver’s license.

How Can a Criminal Defense Attorney Help Me Protect My Commercial License?

If you were arrested for driving under the influence and rely on your CDL to make a living, you can hire a criminal defense attorney to help fight your charges. A DUI criminal defense attorney understands California’s DUI laws. Once your attorney reviews your case, they can develop a strategy to contest the charges and have the penalties you are facing reduced.

In California police must have probable cause to pull you over. Any procedural errors or violations of your constitutional rights made by the arresting officer can be used as grounds for having your charges dropped. Your attorney can also closely scrutinize the BAC results to see if there are any alternative reasons for your test results.

Having an attorney allows you to strategically present your case. Your lawyer may be able to reduce the charges you are facing or to greatly reduce any penalties.

FAQs

Can My Employer Fire Me for Getting a DUI?

In many cases, a DUI can be grounds for termination from your job, especially if your work requires you to drive a company vehicle. Whether your employer seeks to terminate you from your position depends on the company’s individual HR policies. If your CDL license is suspended or revoked, however, you will no longer be able to operate a commercial vehicle regardless of your employment status.

What Disqualifies You from Getting a CDL in California?

Individual states regulate who can and can’t qualify for a CDL. In California, factors that can determine your eligibility to earn a CDL include age, medical conditions, criminal history, driving record, and immigration status. Past DUI convictions could be a barrier to receiving a CDL because any history of driving under the influence could signal that you are a liability, and employers may see that as a risk.

Can You Be a Commercial Pilot with a DUI?

Having a DUI on your record could seriously complicate your ability to become or maintain your job as a commercial pilot. The Federal Aviation Administration (FAA) takes DUI convictions seriously, and any conviction could lead to scrutiny, restrictions, or other precautionary steps by the FAA.

Any pilot who is caught with even a very small blood alcohol contact (BAC) when operating a commercial plane could be immediately suspended and potentially face criminal charges.

Can I Get a Contractor’s License with a DUI in California?

Your ability to get a contractor position after a DUI is at the discretion of your employer. If your contracting job requires you to operate a vehicle or drive a company car, your employer may deem you to be a liability. Employers are not obligated to hire or continue to employ someone who has a criminal conviction that puts other worker’s lives and safety at risk.

Schedule Your DUI Criminal Defense Consultation Today

If you rely on your CDL to support yourself and your family, a DUI conviction could have life-altering consequences for your career and livelihood. One thing to remember, however, is that being charged with a crime does not mean you will be found guilty. The burden of proof is on prosecutors to demonstrate beyond a reasonable doubt that you committed the crime you are charged with.

With an attorney by your side, you can change the narrative of what happened when you were arrested. The Law Office of Conor Bell has helped many clients improve the outlook of their criminal charges. With the right legal strategy, a lawyer can help you resolve your case on favorable terms so you can put the ordeal behind you and move on with your life. To schedule your consultation, please contact our office today.