Defending Your CDL: How to Fight a Class A Commercial DUI in California
Commercial drivers play a vital role in our economy, ensuring the timely and efficient transportation of goods and services across the country. However, a DUI charge can jeopardize a commercial driver’s livelihood, leading to license suspension, job loss, and severe financial consequences. At The Law Offices of Kirk Tarman & Associates, we understand what’s at stake and provide aggressive, strategic legal defense to protect your Class A Commercial Driver’s License (CDL) and your future.
Understanding a Class A CDL DUI in California
Unlike standard DUI charges, commercial drivers are subject to stricter regulations under the Federal Motor Carrier Safety Administration (FMCSA). In California, a CDL DUI is defined as operating a commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.04% or greater, which is half the legal limit for non-commercial drivers. Additionally, a DUI in a personal vehicle can also lead to CDL suspension or revocation.
Penalties for a Class A CDL DUI Conviction
The penalties for a CDL DUI in California are severe and can have long-term repercussions. Consequences vary based on prior offenses and circumstances but may include:
First-Time Offense
License Suspension: Minimum 1-year CDL suspension (up to 3 years for hazardous materials drivers)
Fines & Fees: Ranging from $390 to $1,000, plus court and reinstatement costs
Jail Time: Up to 6 months
Probation: Strict supervision and compliance requirements
DUI Education Program: 3 to 9 months of mandated alcohol education
Employment Impact: Loss of commercial driving privileges and potential job termination
Second-Time Offense
Lifetime Revocation: Permanent CDL disqualification
Jail Time: Up to 1 year
Fines: Up to $1,000
DUI Education: Up to 18 months
Additional Consequences: Even if a commercial driver’s BAC is below 0.04%, an “out of service” order can be issued, preventing them from driving for 24 hours.
How to Defend Against a CDL DUI Charge
At The Law Offices of Kirk Tarman & Associates, we employ a tailored legal strategy to fight CDL DUI charges. Some potential defense approaches include:
Challenging the Traffic Stop
Law enforcement must have probable cause to initiate a traffic stop. If the stop was unlawful, any evidence gathered can be challenged and potentially dismissed.
Questioning BAC Accuracy
Breathalyzers and blood tests are not infallible. Factors like improper calibration, operator error, and medical conditions can result in inaccurately high BAC readings.
Challenging Field Sobriety Tests
Field sobriety tests are subjective and unreliable, particularly for commercial drivers who may be fatigued from long hours on the road.
Proving a Violation of Rights
If law enforcement failed to read your rights, conducted illegal searches, or coerced statements, we can leverage these violations to suppress evidence and weaken the prosecution’s case.
Why You Need a Rancho Cucamonga DUI Attorney
A CDL DUI conviction doesn’t just affect you—it impacts your family, finances, and career. Having an experienced DUI defense attorney can make a significant difference in reducing penalties, negotiating a plea bargain, or even getting charges dismissed. At The Law Offices of Kirk Tarman & Associates, we have a proven track record of successfully defending commercial drivers and protecting their rights.
We Offer Flexible Payment Plans
We believe legal fees shouldn’t stand in the way of protecting your livelihood. Our firm offers affordable payment plans to ease the financial burden. Learn more about our options here.
Call Us Today for a Free Case Evaluation
If you or a loved one is facing Class A commercial DUI charges, don’t delay—time is crucial in building a strong defense. Contact The Law Offices of Kirk Tarman & Associates for a free consultation today.
📞 Call us now at (909) 658-7341
🌐 Visit us online at www.tarmanlaw.com
We are available 24/7 and ready to fight for you!