DUIs & Commercial Licenses
A DUI conviction in California has serious consequences for holders of a Commercial Driver’s License (CDL) — much more severe than for regular drivers. Here's a breakdown of what can happen:
CDL Consequences of DUI in California
The CDL consequences are generally governed by California Vehicle Code §23152 (DUI) and §15300–15302 (CDL-specific penalties). Federal Motor Carrier Safety Administration (FMCSA) rules also apply.
First DUI Offense (While Operating ANY Vehicle)
1-year suspension of your CDL, even if the DUI happened in a non-commercial vehicle
No restricted CDL available during that time — you can’t drive commercially at all
You may still be able to drive a regular vehicle with a restricted license (after meeting DMV requirements), but not for work purposes involving a commercial vehicle
Second DUI Offense (Lifetime Ban)
A second DUI conviction (even in a non-commercial vehicle) will result in a lifetime disqualification of your CDL
No possibility of reinstatement under California law
BAC Standards
0.08% or higher in a non-commercial vehicle = DUI
0.04% or higher in a commercial vehicle = DUI
Other Related Offenses with CDL Consequences
Refusing a chemical test = automatic 1-year CDL disqualification
Hit and run, leaving the scene, or using a vehicle in the commission of a felony = potential disqualification
DUI out of state counts, too
DMV vs. Court
California DMV will automatically suspend your CDL after an administrative per se (APS) hearing even before a court conviction
You have a short window (usually 10 days) to request a DMV hearing
Impact on Employment
Employers may not hire or will terminate drivers with a DUI conviction
Even after reinstatement, it may be hard to find work in the commercial driving industry
Contact Attorney Davis W. Hewitt
If you need help navigating the DMV hearing process, reinstatement steps, or how to possibly fight the charge, contact Davis W. Hewitt to schedule a free in-person consultation.