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Revocation of Commercial Driver’s License

Commercial Driver's License DUI Charges

If you or someone you know has had your commercial driver's license suspended or revoked by the DMV in Orange County, an experienced attorney can help with your case. Orange County defense lawyer, William Weinberg is an experienced attorney who has successfully defended hundreds of clients, including those who have had their commercial driver's license suspended or revoked by the DMV. Mr. Weinberg takes the time to individually review each potential client's case to provide a plan that works best for their circumstances.

A commercial driver's license can be suspended or revoked by the DMV. While driving a commercial vehicle, if you have a blood alcohol content (BAC) is 0.04% or higher, your commercial driver's license may be revoked. In addition, to facing the revocation of your commercial driver's license, will likely also face criminal charges. Additionally, if you have a commercial driver's license and you operate a non-commercial vehicle with a BAC of 0.08% or higher (the normal standard for a DUI), you may risk losing not only your regular license but also your commercial driver's license as well. The penalty for commercial drivers is much more severe and usually lasts longer for commercial drivers as opposed to regularly licensed drivers. Additionally, commercial drivers do not have the possibility of obtaining a restricted commercial license while their license is suspended per California Vehicle Code 13352.4. However, they are able to apply for a non-commercial driver's license in order to get a regular restricted license so that they are still able to get to the places that they need to go. In Orange County, the DMV handles all driver's license suspension and revocation proceedings. After a first DUI offense, a person with a commercial driver's license will face a suspension of their license of one year. If a person with a commercial driver's license is convicted of any subsequent DUIs, the driver will lose his commercial driver's license for the rest of his or her life.

Penalties

If you are arrested for a commercial DUI, you may face the following criminal penalties:

  • Up to one year in jail
  • Probation
  • Between $390 and $1,000 in fines
  • 3-36 months in DUI school

You will also likely lose your job if it is based upon the condition that you maintain a commercial driver's license. Additionally, you may also find it hard to secure liability insurance or new employment once your commercial driver's license is reinstated. Therefore, revocation of a commercial driver's license following a DUI needs to be taken very seriously as it can have very serious consequences.

Defenses

There are not any defenses specific to revocation of a commercial driver's license. The defenses that an experienced DUI attorney uses to fight regular DUI cases, can also be employed in the context of commercial driver's licenses. There are many defenses that can be used to fight a DUI such as challenging: the field sobriety tests (FSTs), the objective symptoms of intoxication, Title 17 violations regarding blood and breath testing, or that the proper procedures weren't followed upon arrest.

Orange County defense attorney William Weinberg has many years of experience defending clients facing suspended or revoked licenses. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.

Orange County DUI Lawyer Blog - DUI

Anyone who is arrested should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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