You are in a difficult situation:
Under Vehicle Code 15300 (a) a driver of a commericial vehicle may not operate a commercial motor vehicle for one year if convicted of a DUI;
However, under VC 15302 states that a driver of a commericial vehicle may not operate a commercial motor vehicle for the rest of his life if if convicted of more than one violation of DUI.
I understand that the penalties for DUI change in Court if the second offense is after 10 years- the DMV has it's own rules separate and apart from the Court.
Based on what you have stated I would suggest you hire a competent DUI attorney to deal with your situation.
In 2005 the federal government imposed new CDL regulations on the states. A first DUI (including a DUI conviction, a test refusal or license suspension by motor vehicle for excessive BAC or refusal) results in a one year loss of CDL privileges, even if the DUI suspension is shorter than one year. At a minimum you stand to lose your license for one year. A second occurrence in the person's lifetime results in a lifetime revocation of CDL privileges. States have the option of whether to grant a relaxation of the lifetime revocation after ten years.
This does not necessarily mean that you will lose your CDL privileges for life a DUI now. Some states only count DUI's that occur after the date of the federal regulation change towards life revocation. I do not practice in your state sop i cannot answer this question for you.
You need the assistance of a DUI specialist in the state in which this occurred. You need that help s soon as possible. Check the National College for DUI Defense website for specialists.
Wayne R. Foote, Esq.
Board Certified OUI Defense Law Specialist
Law Offices of Wayne R. Foote, PA
344 Mt. Hope Ave
Bangor, ME 04401
(207) 990-5858 (fax)
"Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
If convicted, you lose your right to operate a commercial vehicle for one complete year (regular license is shorter than that), then you have to reapply for your commercial license.
Make sure the other conviction is outside the 10 year mark (I can't tell you the # of people that come into my office, tell me it is and turns out it is within 10 years). If you are within the 10 years and convicted, it's a lifetime revocation.
What you need to save your commercial license completely is a wet reckless in court and a win at the DMV level.
If a 2nd offense within 10 years, make sure you attorney pulls the past case and looks to see if they can beat the previous DUI.
Finally, make sure you request a DMV hearing within 10 calendar days (if you wish to keep your right to drive) of this current arrest. I'd give you the phone #, but you don't say what part of the state you are in - it must be requested over the phone, NOT at the local DMV office.
The above is general information only and no specific since there are not enough facts. Good luck with your situation.
California DUI Attorney
If you get convicted of driving with a BAC of .04% or higher while operating a commercial vehicle, the disqualification period taken against your commerical license is 1 year.
If you refused the chemical test while operating a commercial vehicle, the disqualification period taken against your commerical license is 1 year.
If you get convicted of driving with a BAC of .08% or higher while operating a non-commercial vehicle, the disqualification period taken against your commerical license is 1 year.
If you refused the chemical test while operating a non-commercial vehicle, the disqualification period taken against your commerical license is 1 year.
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