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San Diego Criminal Defense Lawyer / San Diego Commercial DUI Lawyer

San Diego Commercial DUI Defense Lawyer

Protecting Your Commercial Driver’s License and Your Career

A DUI arrest is a serious matter for anyone—but for commercial drivers, it can be absolutely devastating. California holds commercial license holders to higher standards, and a single DUI conviction can put your career, your livelihood, and your future at risk. You don’t have to be actively working or even driving a commercial vehicle at the time of arrest for the consequences to apply.

At Anthony Z. Vargas, Esq., Attorney at Law, we understand what’s at stake for commercial drivers charged with DUI. As a skilled and experienced San Diego commercial DUI defense lawyer, Anthony represents clients throughout San Diego County, including El Cajon, Vista, Chula Vista, and surrounding areas. With his background as a Public Defender and years of experience handling DUI defense, he brings a calm, confident presence to your case—and a clear strategy to help you fight back and protect your livelihood.

California’s Commercial DUI Law

Under California Vehicle Code § 23152(d), it is illegal for a person who holds a commercial driver’s license (CDL) to operate a commercial motor vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This is half the legal limit for non-commercial drivers (0.08%) and applies even if no impairment is observed.

But that’s not all. If you’re driving any vehicle—commercial or personal—with a BAC of 0.08% or higher, or under the influence of drugs, you can still face DUI charges under § 23152(a) or (f), and your CDL will still be at risk.

Penalties for a First Commercial DUI

Even a first-time DUI conviction can disqualify you from holding a commercial driver’s license for one full year, with no restricted license option during that time. This is a federal standard adopted by California through the Federal Motor Carrier Safety Administration (FMCSA).

In addition to the disqualification of your CDL, a first offense may result in:

  • Up to six months in jail
  • $390 to $1,000 in fines (plus substantial penalty assessments)
  • Driver’s license suspension
  • Mandatory DUI education program (three to nine months)
  • Probation for three to five years
  • Court-ordered installation of an ignition interlock device (IID) on your personal vehicle

While these penalties are similar to those faced by non-commercial drivers, the loss of your CDL makes the consequences for commercial drivers much more impactful.

Second Commercial DUI: Lifetime CDL Disqualification

Under California Vehicle Code § 15302, a second DUI conviction—regardless of whether you were driving a commercial vehicle—results in a lifetime disqualification of your commercial driving privileges. There is no way to reinstate your CDL after a second DUI.

This applies even if your first offense was more than ten years ago or occurred in another state. The California Department of Motor Vehicles (DMV) takes a strict approach when it comes to repeat DUI offenses involving CDL holders.

Common Scenarios for Commercial DUI Arrests

Many commercial drivers are surprised to find themselves facing DUI charges in San Diego, especially when they weren’t even operating a commercial vehicle at the time. Some common situations include:

  • Getting pulled over in your personal vehicle after a few drinks at dinner
  • Sleeping in your parked vehicle while under the influence
  • Driving a company truck or delivery vehicle after taking a legal prescription medication that impairs driving
  • Being stopped at a DUI checkpoint while on your way to or from work

It doesn’t matter if the DUI occurred on your day off or in your own car—the DMV will still treat it as a commercial DUI for the purposes of CDL disqualification.

Fighting Commercial DUI Charges in San Diego

A commercial DUI charge doesn’t mean you’re guilty, and it certainly doesn’t mean you have to give up your career. With the right legal defense, it may be possible to avoid a conviction, get charges reduced, or even secure a dismissal.

At Anthony Z. Vargas, Esq., Attorney at Law, we investigate every aspect of your arrest to identify defenses, such as:

  • Challenging the traffic stop – Did the officer have probable cause to pull you over?
  • Faulty BAC results – Was the breathalyzer device properly calibrated? Was the blood sample contaminated or improperly stored?
  • Illegal search or seizure – Were your Fourth Amendment rights violated?
  • Medical conditions or diet-related factors – Acid reflux, diabetes, and even certain diets can produce false positives on breath tests.
  • Improper procedures – Were you read your Miranda rights? Was your DUI test administered correctly?

We also look at the possibility of negotiating a plea to a lesser offense, such as “wet reckless” (VC § 23103.5), which may avoid a DUI conviction and minimize or eliminate the commercial license consequences.

The DMV Process: Act Quickly to Save Your License

In addition to criminal court proceedings, commercial DUI arrests also trigger an administrative per se action with the California Department of Motor Vehicles. You have just 10 days from the date of your arrest to request a DMV hearing to contest the automatic suspension of your license.

This hearing is separate from the court process, and failing to act in time can result in your license being suspended—even if your criminal charges are later reduced or dismissed. Anthony can represent you in both the court case and the DMV hearing to ensure a coordinated, strategic defense.

CDL Holders and DUI-Drug Charges

It’s important to remember that DUI charges aren’t limited to alcohol. Commercial drivers can also face DUI charges for driving under the influence of prescription drugs, over-the-counter medications, marijuana, or illegal substances.

California Vehicle Code § 23152(f) makes it illegal to drive under the influence of any drug that impairs your ability to operate a vehicle safely. For CDL holders, the DMV applies the same license consequences regardless of whether the DUI was alcohol- or drug-related.

Even if the substance was legally prescribed, you can still be arrested and charged if it impaired your driving. Anthony carefully reviews the facts of your case to challenge the basis for the stop, the reliability of any drug testing, and whether actual impairment was proven beyond a reasonable doubt.

A DUI Conviction Doesn’t Have to End Your Career

We understand that commercial drivers work hard to earn their credentials and build their careers. Losing your CDL can feel like losing everything—but with the right attorney, you can fight back.

At Anthony Z. Vargas, Esq., Attorney at Law, we help commercial drivers in San Diego County preserve their ability to work and protect their professional reputations. Whether this is your first DUI or you’ve faced challenges before, Anthony brings a thorough, no-nonsense approach to your defense. His goal is always to reduce or eliminate the consequences of a DUI, get you back on the road, and help you move forward with confidence.

Contact a San Diego Commercial DUI Defense Attorney Today

If you hold a commercial driver’s license and have been arrested for DUI in San Diego County, don’t wait. The penalties are severe, and the timeline for protecting your license is short. Call Anthony Z. Vargas, Esq., Attorney at Law today for a confidential consultation. Anthony will review your case, explain your options, and begin building a powerful defense designed to protect your CDL, your career, and your future.