California DUI: Is There Any Way to Keep Your CDL License?

 Posted on December 11, 2025 in CDL

A DUI is much more than just a criminal charge if you are a commercial driver in California; it is often a career-ender. Under California Vehicle Code Sections 15302, a single DUI conviction can result in mandatory CDL disqualification. This is true even if you were in your own personal vehicle and off the work clock. While California CDL DUI laws are unforgiving and strict, they are not absolute.

There are certain defenses – particularly at the DMV APS hearing – that can potentially prevent mandatory disqualification and preserve your livelihood. A skilled San Francisco, CA DUI attorney can build a solid defense on your behalf that could result in a dismissal of the charges or having the charges dropped to a lesser offense.  

Why Do CDL Holders in California Face Harsher Treatment for DUIs?

Commercial drivers are held to a higher standard due to federal oversight and safety risks. A first-time DUI conviction usually means a one-year CDL disqualification, while a second offense typically results in lifetime disqualification with no reinstatement possible. Even when the driver was off duty and driving his or her own personal vehicle, the consequences are the same. Many CDL drivers do not realize this until they have missed their DMV hearing.

Once arrested or served with a notice of suspension, a CDL driver has only ten days to request a DMV Administrative Per Se hearing. If this deadline is missed, the CDL license goes into automatic suspension, even if the criminal case is later dismissed. This can often mean that the DMV hearing is more important – or at least equally important – than the criminal charges.

What Are Some Valid Defenses That Can Potentially Save a California CDL License?

The sooner an experienced DUI CDL attorney is consulted following charges, the better the outcome is likely to be. Defenses that could save a CDL license following DUI charges include:

The Traffic Stop Was Unlawful

If the initial traffic stop was unlawful, both the criminal and the DMV cases could be dismissed. "Unlawful" traffic stops could include any stop without reasonable suspicion or clear evidence of impaired driving, a third-party call-in with no corroboration, or a mistaken identity stop involving a similar vehicle.

The Accuracy of the Breath or Blood Test is Questionable

The threshold for a CDL DUI is much lower than the standard 0.08 percent BAC, at 0.04 percent. Because the threshold is low, accuracy is crucial. Defenses could include rising BAC, improper calibration of the device, breathalyzer machine contamination, or blood draw chain-of-custody failure.

There Is Proof That the Driver Was Not Operating the Vehicle

The CDL holder could have been sleeping in the cab, parked off the roadway, or pulled over safely to rest. This means the defense attorney may be able to show that the defendant was not "driving" under California law. Dashcam video or telematic logs can back up this claim.

The Driver Has a Medical Condition That Mimics Intoxication

Commercial drivers often have sleep apnea, diabetes, GERD, and mobility limitations that can skew field sobriety tests and breath results. Extreme fatigue has many of the same symptoms as impairment, and commercial drivers are often fatigued due to heavy schedules and lack of sleep.

DMV Administrative Errors Occurred

A CDL could be at risk because of something as simple as a clerical error, incorrect coding, misclassified commercial endorsements, or misreported BAC levels. Fixing an administrative mistake can potentially restore a CDL license.

A Non-DUI Court Disposition Can Be Negotiated

A prosecutor could be convinced to reduce the DUI to a charge that does not trigger CDL disqualification. These charges include wet reckless, dry reckless, exhibition of speed, or simple traffic violations. If the DMV suspension is defeated, a favorable plea can save the CDL license.  

Contact a San Francisco, CA CDL Lawyer

If you are a CDL driver facing a DUI charge in California, the stakes could not be higher. An experienced Sonoma, CA DUI attorney from Burglin Law Offices, P.C. will fight to protect your commercial license by aggressively challenging the legality of the stop, chemical testing, and DMV errors. Attorney Burlin has represented more than 5,000 individuals charged with DUI and has been lead counsel in more than 120 DUI jury trials during his 32-year career. To schedule your free consultation, call 415-729-7300.