Overview Of Vehicle Code 23152(d)
If you hold a commercial license and you drove a commercial motor vehicle such as a truck while under the influence of drugs or alcohol, you may be charged with “Commercial Drivers with a DUI” under Vehicle Code 23152(d) vc, 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.
What Is Gerd?
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 commercial motor vehicle; and
- When you drove the commercial motor vehicle, your blood alcohol level was 0.04% or more by weight2.
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:
Example of Applicable Violations
- Driving Under the Influence – Vehicle Code, 23152(a) VC
- Driving With 0.08 Percent Blood Alcohol – Vehicle Code 23152(b) VC
- Driving While Addicted to a Drug3
- Driving With 0.05 Percent Blood Alcohol When Under 21 – Vehicle Code 23140(a)
- DUI Causing Injury
- Driving With 0.08 Percent Blood Alcohol Causing Injury4
Penalties For A Second DUI For Commercial Drivers
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.
Legal Defenses
Challenging the DUI Test Results
Often times, the DUI test results are inaccurate for various reasons, such as:
- the police officer administering the breath test did not follow proper procedures;
- the testing device did not follow the regulations of the California Department of Health Services; or
- the test results were not accurate for other reasons, such as, the driver had another substance in his blood that interfered with an accurate result.
Challenging the DUI Based on Improper Police Procedure
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 For VC 23152(d)
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
| Penalties | Misdemeanor | Felony |
|---|---|---|
| Fine | Up to $1,000 | Up to $10,000 |
| Probation | 3-5 years summary probation (Note some counties require formal probation such as Ventura County) | 3- 5 years formal probation |
| Court Ordered Alcohol Program | 3,6, 9, 18 ,or 30 months | 3,6, 9, 18 ,or 30 months |
| ail or Prison | Up to 1 year in county jail | 16 months 2, or 3 years |
Further penalties involve suspension of the commercial and/or non-commercial driver’s license, as discussed above.
Related Offenses
Vehicle Code 23153(b): 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).
Commencing July 1, 2018 the California legislature has created a new code section to cover DUI for ride share, taxi and limo drivers under vehicle code 23152(e) vc.
Next Steps If You Need Help
If you have been arrested and would like to learn more about how much DUI attorneys cost.
If you want to understand why its important to have an attorney represent you.
If you would like to discuss a pending case with an attorney contact the Aizman Law Firm at 818-334-6855 for a free confidential consultation.
Footnotes
- California Vehicle Code, 23152(d). [↩]
- California Vehicle Code 23152(d) VC – “California’s DUI Law For Commercial Drivers”: 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, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. [↩]
- Vehicle Code 23152(c). [↩]
- Vehicle Code, § 23153(b [↩]
