Being charged with driving under the influence (DUI) in San Jose, California, is always something defendants should take seriously. However, when you have a commercial driver’s license (CDL), the consequences can be even more significant because your livelihood may also be at risk.
If you find yourself in this situation, speaking with a San Jose criminal defense lawyer as early as possible can help you understand your options and begin protecting your future. Ahmed & Sukaram, Criminal Defense Attorneys, represent defendants facing CDL DUI charges throughout San Jose and Santa Clara County.
When you’re ready to learn more about your legal options, contact our office at (408) 217-8818 to schedule a confidential consultation with a San Jose CDL DUI lawyer.
Why Choose Ahmed & Sukaram Criminal Defense Attorneys If You’re Arrested for a CDL DUI in San Jose, CA?
A CDL DUI charge can affect far more than your driving privileges. It can jeopardize your employment, commercial license, and future opportunities. Choosing an experienced criminal defense team is an important first step toward protecting your rights.
Clients continue to choose Ahmed & Sukaram, Criminal Defense Attorneys, for several reasons, including:
- California State Bar Certified Specialist in Criminal Law
- National Trial Lawyers Top 100 recognition
- Membership in the California DUI Lawyers Association
- A team of attorneys with 30 years of combined criminal defense experience
- More than 50 jury trials handled and 3,000 criminal cases resolved
- Hundreds of five-star Google reviews from past clients
Our San Jose DUI attorneys understand the unique issues that arise in DUI cases and can help preserve evidence, protect your rights, and develop tailored defense strategies. Call us today to schedule a confidential consultation.
Overview of CDL DUIs in California
California holds commercial drivers to stricter DUI standards than other motorists. If you have a CDL, you can be charged with a DUI for a blood alcohol concentration (BAC) of 0.04% or higher while operating a commercial vehicle. When driving your personal vehicle, the standard DUI limit generally remains 0.08%, the same as it is for most other drivers.
However, a DUI conviction—regardless of whether it occurred in a commercial or personal vehicle—may still affect your commercial driving privileges and your ability to continue working as a commercial driver.
What Are the Penalties for CDL DUIs in San Jose, California?
A CDL DUI conviction in California can lead to criminal penalties as well as administrative consequences affecting your commercial license.
Typically, a DUI conviction involving a commercial vehicle results in a mandatory disqualification of your CDL for at least one year for a first offense, and longer for subsequent offenses. Additionally, administrative actions by the Department of Motor Vehicles can lead to license suspension independent of the criminal case.
A first DUI conviction may also result in:
- Up to six months in county jail
- Fines ranging from $390 to $1,000, plus assessments
- Completion of a DUI education program
- Three to five years of probation
Even if the DUI occurred while driving a personal vehicle, you may still face penalties that impact your CDL. If the DUI occurred while transporting hazardous materials, the commercial license disqualification may increase to three years for a first offense.
A second DUI conviction can result in permanent disqualification from holding a CDL under California and federal law, regardless of whether the offense occurred in a commercial or personal vehicle.
Can You Keep Your CDL After a DUI?
One of the biggest concerns commercial drivers have after an arrest is whether they will be able to continue working.
Whether you can keep your CDL depends on several factors, including:
- Whether this is your first DUI offense
- Whether you were driving a commercial or personal vehicle
- The outcome of your criminal case
- Administrative licensing proceedings
- Whether any legal defenses are successful
Because every case is different, a San Jose DUI lawyer can help you navigate the process to protect your livelihood.
What Defenses Can Be Raised If I’m Arrested for a CDL DUI in San Jose?
Being arrested for a CDL DUI does not automatically mean you will be convicted. Depending on the facts of the case, several defenses may be available.
Chemical Test Errors
Blood and breath tests are not always accurate.
A defense can challenge whether:
- The testing device was properly calibrated
- Testing procedures were correctly followed
- The sample was contaminated or mishandled
- Medical conditions affected the results
Testing equipment must be properly maintained and administered, and mistakes can occur during the collection, handling, or analysis of a sample.
Lack of Reasonable Suspicion
Police officers must have a lawful reason to stop your vehicle or begin a DUI investigation. If they lacked reasonable suspicion or probable cause, your attorney may seek to suppress evidence obtained after the stop.
You Were Not Under the Influence
Another possible defense is demonstrating that you were not actually impaired while driving. Witness testimony, video evidence, medical conditions, or other facts may help explain observations that officers interpreted as signs of intoxication.
Every CDL DUI case is different. The defense strategy that makes the most sense depends on the evidence, the investigation, and the specific circumstances surrounding the arrest. Our San Jose CDL DUI attorneys can help you explore all available options to protect your commercial driver’s license.
How Can a San Jose Criminal Defense Attorney Help With CDL DUI Charges?
Commercial DUI cases involve both criminal charges and potential consequences for your commercial driver’s license. Successfully defending these cases often requires careful review of the traffic stop, chemical testing, and the evidence gathered by law enforcement.
Prompt legal guidance is also crucial for exploring possible defenses, negotiating reduced penalties, and pursuing reinstatement options. Contact our experienced San Jose criminal defense attorneys to learn more about how a criminal case may affect your CDL and what options may be available to safeguard your career.
Contact Our San Jose CDL DUI Lawyers for a Confidential Consultation Today
A CDL DUI charge can threaten more than your driver’s license—it can affect your career and financial stability. Ahmed & Sukaram, Criminal Defense Attorneys represent commercial drivers throughout San Jose and Santa Clara County and understand the challenges these cases present.
The sooner you begin evaluating your legal options, the better prepared you may be to respond to the charges against you. Contact our office today to schedule a confidential consultation with a San Jose CDL DUI attorney.