Commercial DUI

If you have been given a breath, blood, or urine test that was positive for alcohol or drugs, it is entirely possible that you were not under the influence of alcohol or drugs. Factors including frequency of use, body weight and size as well as metabolic rate all help to show that, although there may have been alcohol or drugs in your system, you were not in fact under the influence of alcohol or drugs.

Furthermore, the Prosecution must show “actual impairment”. If you call DUI Lawyers Dana Point today, we can order a blood split from a certified specialist with whom we work frequently to negate the presence of drugs or alternatively, to show no actual impairment due to prior use of drugs.

If you are found guilty of a Commercial License DUI in Dana Point then the punishment will likely include a mandatory jail or prison sentence, probation, fines, DUI school, a commercial license suspension from one year to life, and restitution. To protect yourself from these serious punishments, call DUI Lawyers Dana Point today.

A commercial license is one that entitles the holder to operate a certain class of vehicle. A Commercial License DUI in Dana Point is generally a misdemeanor. This means that courts can and will sentence a guilty defendant to some jail time. It is important to call DUI Lawyers today so that we can get started on your case and try to keep you out of jail.

A Commercial License DUI in Dana Point is also subject to a DMV suspension of your driving privileges. For commercial drivers, this means your livelihood is at risk. You can lose your commercial license from one year to life so it is crucial to challenge the suspension of your license. You only have a short period of time, usually 10 days or less, to challenge a DMV license suspension. If you don’t challenge the DMV within 10 days then your license will be automatically suspended in 30 days. DUI Lawyers Dana Point can fight the DMV so that you may be able to keep your license.

A Commercial License DUI in Dana Point is a misdemeanor under California Vehicle Code 23152(d) and 23153(d).

First, let DUI Lawyers in Dana Point give you the relevant law. The relevant portion of the law that is applicable to a Commercial License DUI in Dana Point is as follows:

CVC 23152 (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle

CVC 23153 (d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Basically, a Commercial License DUI for alcohol can be charged if your breath or blood exceeded a .04 blood alcohol content while driving a commercial vehicle.

Also, DUI Causing Injury laws do apply to commercial license holders. (CVC 23153). A Commercial DUI Causing Injury is where the driver of a commercial vehicle has a BAC of .04 or greater and acts negligently or violates another law, resulting in injury to another. Commercial DUI Causing Injury is a wobbler, meaning it can be charged as a felony, so the penalties will be more severe.

However, CVC 23152 also prohibits driving under the influence of alcohol and/or drugs, regardless of the driver’s blood alcohol content. The Vehicle code provides for additional DUI punishments for people who hold a commercial license, regardless of whether they were driving a commercial vehicle under the influence. Thus, a commercial can also be subject to license suspension from one year to life if convicted of any DUI. That includes a DUI for having a BAC of .08 or greater while driving a personal vehicle. (CVC 15300).

Punishments for a Commercial License DUI in Dana Point vary depending in where you were arrested and which court your case is handled in. Generally, there are several possible outcomes of your case.

Initially, you could plead guilty and suffer the penalties below. However, if you plead not guilty then we can ask the prosecutor to lower the charge to a less serious traffic violation. If plea bargaining is unsuccessful, then DUI Lawyers Dana Point can challenge the prosecution’s evidence at the preliminary hearing. Your case could be dismissed at the preliminary hearing if the judge finds that the police didn’t follow the law. After the preliminary hearing DUI Lawyers Dana Point can talk to the prosecutor again to seek a lower charge now that their evidence has been challenged.

If your case is not dismissed, and we cannot successfully get the prosecutor to lower your charges, then we prepare for trial. DUI Lawyers Dana Point consults with an expert witness who, if necessary, can testify that you were not impaired or that the tests are invalid. An expert could also examine the injured party to determine if the injuries are legitimate. If appropriate, an accident reconstruction expert could testify that the accident was not the result of your negligence or violation of law. After the trial, you could be found not guilty.

However, if you are found guilty, then the punishment will likely include a jail or prison sentence, probation, fines, DUI school, restitution, and a commercial license suspension between one year and for life.

Don’t let a confusing law stand in the way of beating your DUI. Call DUI Lawyers Dana Point today and we can go over the details of your case, and explain how this confusing law will affect you.

Commercial License DUI can result in up to one year in jail, informal probation up to five years, five days mandatory jail sentence, up to $1,000 in fines, restitution for harms caused, DUI school, AND automatic license suspension for up to one year. There are additional penalties if you cause “great bodily injury” or harm more than one person. These additional penalties can quickly add up to years in prison. (CPC 12022.7, CVC 23558).

DUI Lawyers Dana Point aggressively challenges breath, blood, and urine test results. The machines used to test your breath, blood, or urine are subject to many challenges as well, including that the machines were not calibrated or maintained properly. There are dozens of reasons that a Breathalyzer test can end with inaccurate results. Improper handling, storage, and testing methods often lead to junk evidence that is inadmissible in court.

Our DUI defense team can also take the police officer to court to make him or her testify as to their knowledge of DUI investigations, and their methods of evidence collection. Your case may be dismissed at this preliminary hearing if the Judge finds that the Officer did not follow the law while investigating your case.

Also, if the police officer did not stop you for the right reasons or had no reason at all, we can argue that the Officer had no probable cause or reasonable suspicion to stop you, and it may be possible that the Prosecution or Judge will dismiss the case.

Depending on the circumstances of your case, an argument is that you were not actually driving the vehicle. It is possible that an Officer did not witness you driving, or that you were merely sitting in a parked vehicle. Depending on the circumstances of your case, DUI Lawyers Dana Point may be able to convince the court that there is insufficient evidence to prove you were driving.

If you have prior DUIs that occurred more than 10 years ago, or if your prior DUIs occurred in another jurisdiction, DUI Lawyers Dana Point may be able to get your Commercial License DUI case lowered to a 1st DUI before or at the preliminary hearing.

If you are driving a commercial vehicle and it is discovered that you have been drinking or taking drugs, and you are then charged with a DUI, there are plausible defenses to such a case, including the defense that you are not “actually impaired”.

For an individual to be guilty of driving while under the influence of drugs, it is not enough that the drug could impair an individual's driving ability or that the person is under the influence to some detectible degree. Rather, the drug must actually impair the individual's driving ability. Depending on the amount of the drug in your system at the time, we can make a case that you were not actually impaired.

Drugs affect people differently depending on their height, weight, body fat, and metabolism. Also, a person’s particular tolerance (a built up immunity to a drug’s effect by extended use) may mean that they will need more of a drug to feel the same effect as someone who does not regularly use the drug. DUI Lawyers Dana Point can bring a qualified expert to testify in court about how these factors impact your case.

Police attempt to show actual impairment by blood or urine tests. However, blood and urine tests are subject to many challenges, including that the police did not follow storage and handling procedures they are required by law to follow. Also, additional blood tests by DUI Lawyers Dana Point can show that you were not actually impaired, and thus not guilty. Our team of lawyers would ask for a blood split to determine when the last time the drug was used, and if so, the relative quantity of the drug. If we can show that the driver was not actually impaired by drugs, then a Commercial License DUI for drugs may not stick in Court.

Contact DUI Lawyers Dana Point today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.