I. Intro to 23152d VC
In this post, we explore the basics of 23152(d) VC and the steps you should take if you’re a commercial driver facing a DUI charge.
It is well known that a person can be charged with a DUI if he/she drives with 0.08 of alcohol in his/her blood. The above vehicle code section applies to your average daily driver. If you are a commercial driver, then you may ask if the same rules above apply to you. The answer is no if you are driving a commercial vehicle with alcohol in your blood that is 0.04% or more.
II. What Does the Law Say?
Under 23152(d) VC: “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.”
To break this down in simple terms, the law says that you are not allowed to drive a commercial vehicle if you have a BAC of 0.04% or more in your blood.
III. What is a Commercial Vehicle?
California defines a commercial vehicle as a vehicle or a combination of vehicles that requires a class A or B license, or a class C license with an endorsement.
IV. We Can Help
If you are a commercial driver and are being accused of driving with a BAC of 0.04% or more while driving a commercial vehicle, then you are likely at risk of losing your job. One of the many benefits of having an attorney is that your rights are protected while your case comes to a conclusion. In addition to protecting your rights, we can also protect your license which will enable you to keep working while we fight your case in court.
Call the Law Offices of Mark A. Gallagher for a free consultation today. With over 20 years of experience, we have handled countless commercial DUI cases successfully. When your livelihood is on the line, it’s time to call the team at the Law Offices of Mark A. Gallagher.