California law criminalizes driving under the influence of alcohol and any type of drugs. You would be considered breaking the law if you were found driving with a blood alcohol concentration (BAC) of .08% or higher. These California DUI statutes are applicable to all drivers, irrespective of their gender, age, or occupation. However, the standards to which commercial drivers are held are stricter standards.
The law prohibits drivers who have a commercial license from having a blood alcohol concentration, or BAC, of 0.04% or higher while they are driving a commercial vehicle. If you are found to have allegedly been driving a vehicle with a higher BAC, you could be facing serious consequences. It is wise that you speak to a skilled West Covina criminal defense attorney from Coimbra Law Firm as soon as you have been charged with this offense.
A commercial driver can also be convicted of DUI if he or she refused to take a chemical blood or breath test after the police had lawfully arrested him or her. The consequences for this type of conviction can lead to probation from three to five years, one year in jail, and significant fines. Depending on the circumstances, the driver may also be expected to take part in an alcohol program or DUI school, and their license will be suspended, restricted, or revoked.
Often police arrest innocent commercial drivers on the basis of faulty observations or flawed evidence, resulting in a wrongful arrest for DUI. Fortunately, with experienced legal representation, your attorneys may be able to marshal effective California DUI defenses.
To prove that the driver is guilty of having violated this law of driving under the influence in a commercial vehicle, the prosecutor must show the elements of the general DUI statutes with the added components: