Commercial Drivers DUI Under Vehicle Code 23152(d)

Overview

By: Diana Aizman

If you hold a commercial license and you drove a commercial motor vehicle while under the influence of drugs or alcohol, you may be charged with “Commercial Drivers with a DUI” under Vehicle Code 23152(d), among other related offenses.  To be convicted of this offense, your blood alcohol content must have been 0.04% or higher at the time you drove a commercial motor vehicle.

If you are convicted of the offense, you will lose your commercial license for at least one year, and possibly for life.  However, there are various DUI defenses that can be asserted on your behalf by an experienced DUI attorney.  As former DUI prosecutors, the Aizman Law Firm has acquired extensive experience and special training in defending against charges in DUI cases.

How Does the Prosecutor Prove The Charge?

To prove that you are guilty of this offense, the prosecutor has to prove the following facts or elements1

  • You drove a commercial motor vehicle; AND
  • When you drove the commercial motor vehicle, your blood alcohol level was 0.04% or more by weight.

What is the Effect on the Driver’s Commercial and/or Non-Commercial License Privileges?

Because commercial drivers are held to a much higher standard of safety than drivers of passenger vehicles, they face much higher penalties for violating DUI laws.  One of the penalties is the loss/suspension of their commercial and/or non-commercial driver’s license.

First Time Violation/Conviction

Pursuant to California Vehicle Code 15300, a driver of a commercial vehicle who gets a first- time conviction of any of the following offenses (listed below), even while driving a non-commercial motor vehicle, will not be allowed to operate a commercial motor vehicle for a period of 1 year:

Examples of applicable violations:

Second Time Violation/Conviction

Pursuant to California Vehicle Code §15302, any of the above-listed DUI offenses will result in a suspension of the drivers’ commercial license for the rest of his or her life.

Suspension of Non-Commercial Driver’s License

Pursuant to Vehicle Code Section 13352 – “Suspension or Revocation for DUI or Speed Contest,” if the commercial license holder was driving a commercial motor vehicle at the time of committing a DUI offense, his/her non-commercial driving license privileges will be suspended/revoked.

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Legal Defenses

Challenging the DUI Test Results

Often times, the DUI test results are inaccurate for various reasons, such as:

Challenging the Conviction Based on Improper Police’s Procedures

If you were pulled over and forced to take the breathalyzer test that led to your conviction, but you do not think the police officer had probable cause to pull you over in the first place, your conviction can be challenged on this basis.

What Are The Penalties, Punishment and Sentencing Guidelines?

justice punishing a dui driver

Upon getting a conviction under Vehicle Code section 23152(a) or section 23152(b) , a commercial driver is convicted of a California DUI just like a non-commercial driver and will face the same penalties and punishments as non-commercial drivers. Such penalties include

Further penalties involve suspension of the commercial and/or non-commercial driver’s license, as discussed above.

Related Offenses

Vehicle Code 23153(b) California’s “DUI causing injury” law: Pursuant to Vehicle Code 23153(b), it is unlawful for a driver, while having 0.08 percent or more, by weight, to drive a vehicle and to negligently cause bodily injury to another person.

Driving Under the Influence or With 0.08 Percent Blood Alcohol: Pursuant to Vehicle Code Sections 23550, 23550.5 & 23566, if a driver violated Vehicle Code section 23152 within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, and it resulted in convictions, the driver will face punishment in the form of an imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

Additionally, the driver’s privilege to drive a motor vehicle will be revoked by the Department of Motor Vehicles pursuant to

How We Can Help

Diana Aizman has over 10,000 cases of experience handling DUI as both a former prosecutor and criminal defense attorney.  If you would like to confidentially discuss a potential case contact our offices at 818-351-9555 for a free consultation.

Request A Free Consultation 818-351-9555 

Footnotes

  1. California Vehicle Code, 23152(d). []
  2. Vehicle Code, 23152(a []
  3. Vehicle Code  23152(b []
  4. Vehicle Code 23152(c []
  5. Vehicle Code, § 23153(b []

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