Commercial DUI Defense in San Jose
Commercial drivers face career-ending consequences from DUI charges in San Jose. Our team fights to protect your CDL and livelihood.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
Your CDL is Your Livelihood - We Fight to Protect It
As a commercial driver in San Jose, your Commercial Driver's License (CDL) represents more than just your ability to drive - it's your career, your income, and your family's financial security. A DUI conviction doesn't just mean losing your license; it means losing everything you've worked for in the transportation industry.
Commercial drivers face stricter standards and harsher penalties than regular drivers. With a BAC limit of just 0.04% (half the regular limit) and federal DOT regulations that impose additional consequences, you need attorneys who understand the complex intersection of state DUI law and federal transportation regulations.
Critical CDL Facts
- 0.04% BAC limit - Half the regular driver limit
- First offense: 1-year CDL disqualification
- Second offense: LIFETIME CDL disqualification
- Personal vehicle DUI still affects your CDL
- Hazmat endorsement automatically revoked
Understanding Federal DOT Regulations and State Law
Federal DOT Requirements
- Employer Notification: Must report DUI conviction within 30 days
- Drug & Alcohol Testing: Subject to random testing programs
- SAP Evaluation: Substance Abuse Professional assessment required
- Return-to-Duty Testing: Required before resuming safety-sensitive functions
California State Penalties
- Immediate Suspension: CDL suspended upon arrest
- Criminal Charges: Same as regular DUI plus CDL consequences
- Vehicle Impoundment: Commercial vehicle may be impounded
- Enhanced Penalties: Higher fines and longer programs
The Real Cost: Career and Financial Impact
Immediate Income Loss
Average CDL driver salary: $45,000-$75,000/year. Immediate suspension means immediate income loss.
Employment Challenges
Most trucking companies have zero-tolerance policies. Finding new employment becomes extremely difficult.
Long-term Career Impact
Even after reinstatement, insurance costs increase and premium job opportunities disappear.
Specialized CDL Defense Strategies
Challenging the 0.04% Standard
The lower BAC threshold for commercial drivers creates unique defense opportunities:
- • Margin of Error: Breathalyzer accuracy at low BAC levels
- • Rising BAC Defense: BAC below 0.04% while driving
- • Medical Conditions: Conditions affecting BAC readings
- • Testing Procedures: Improper administration protocols
- • Calibration Issues: Machine maintenance and calibration
- • Officer Training: Proper certification and procedures
Negotiating Reduced Charges
Sometimes we can negotiate charges that won't trigger automatic CDL disqualification:
- • Wet Reckless (VC 23103.5): May not affect CDL
- • Dry Reckless (VC 23103): No alcohol-related conviction
- • Exhibition of Speed (VC 23109): Non-DUI related charge
- • Traffic Infractions: Avoid criminal conviction
DMV Hearing Strategy
The DMV hearing is separate from criminal court and offers another chance to save your CDL:
- • 10-Day Deadline: Must request hearing within 10 days of arrest
- • Stay of Suspension: Keep driving during hearing process
- • Evidence Challenge: Cross-examine arresting officer
- • Technical Defenses: Challenge arrest procedures and evidence
Time is Critical for CDL Holders
You have only 10 days to request a DMV hearing to prevent automatic license suspension. Don't wait – your career depends on immediate action.
Our Immediate Action Plan
Within 24 Hours:
- • Request DMV hearing
- • Review arrest reports and evidence
- • Analyze BAC testing procedures
- • Contact witnesses if applicable
Ongoing Defense:
- • Challenge all evidence
- • Negotiate with prosecutors
- • Prepare for trial if necessary
- • Coordinate DMV and court cases
We Defend All Types of Commercial Drivers
Long-Haul Truckers
Interstate and intrastate freight
Local Delivery
Package and freight delivery
Hazmat Drivers
Hazardous materials transport
Passenger Transport
Bus and shuttle drivers
Local Court Information
Santa Clara County Superior Court - Hall of Justice
191 N 1st St, San Jose, CA 95113
Commercial DUI cases require immediate action to prevent automatic CDL disqualification. We understand the unique federal and state regulations affecting commercial drivers.