Last Updated on July 2, 2025
DUI charges are always serious, but for those with a commercial driver’s license (CDL), these allegations can endanger their entire livelihoods. The national drunk driving laws concerning commercial drivers are much stricter than other DUI laws, and California’s are some of the most restrictive in the nation. If you are a commercial vehicle and truck driver facing DUI charges in San Diego, call an attorney immediately to protect your CDL.
What is the CDL BAC Limit for DUI?
Whereas the legal Blood Alcohol Content (BAC) limit for an ordinary driver in most states, including California, is 0.08%, commercial drivers cannot drive if their BAC is above 0.04%. As a result, commercial drivers can drink half as much as an average driver before receiving a DUI. Even as few as one or two beers can leave them over the legal limit to drive.
However, commercial drivers arrested behind the wheel of a passenger vehicle are subject to the same 0.08% standard as other drivers.
What Happens if a Truck Driver Gets a DUI in California?
Under California Penal Code 23152(d) (VC), commercial drivers convicted of a DUI with a BAC above 0.04% will face the same DUI sentence as any other driver only rather than being subjected to the standard four-month license suspension, their license will be suspended for a full year. Even if the DUI charge is reduced in court, the DMV will still suspend the commercial license for a year if the driver had a BAC over 0.04%.
If the arrest occurred while the driver was operating a hazardous materials truck, the first-time license suspension will last a full three years.
If a commercial driver is ever convicted of a DUI again, they will permanently lose their CDL. It does not matter if the other DUI is in another state, it will still count against the driver when they attempt to get a CDL in California.
While CDL holders can still apply for a restricted driver’s license during their suspension period, this will not be a commercial license. As a result, those who received a DUI in the last year cannot drive any vehicle requiring a commercial license for one year, meaning they will be unable to work in their trade during that time. Fighting the charges with a commercial DUI lawyer is always a sound investment for those in this situation.
Can You Get a Commercial Driver’s License in California With a DUI on Your Record?
Under 23152(d) (VC), anyone with two DUIs cannot hold a commercial driver’s license. If you already have one DUI though, you can still get a commercial driver’s license, but only after ten years have passed. If you have a DUI on your record within that time period, you will be ineligible to obtain a commercial license.
BAC of Drivers for Hire
While there are no nationwide laws instituting a lower BAC for drivers of Uber, limo, taxi, or other passenger services, California law requires these drivers to maintain a BAC below 0.04% while on the job. While this is the same legal limit as the one commercial drivers are subject to, these drivers for hire can have a higher BAC (though they still must stay under the 0.08% limit observed by all drivers) as long as they do not have a paying passenger in the vehicle.
If you have been accused of driving under the influence while operating a commercial vehicle in San Diego County, please schedule a free initial consultation with lawyer Peter M. Liss at (760) 643-4050.
