Will I Lose My CDL After a Second DUI?

 Posted on February 13, 2025 in DUI

In California, even one DUI can be serious for CDL holders. A first DUI usually means that your CDL - and likely your regular driver’s license - will be suspended for at least one year. If you get convicted of a second DUI, you will lose your CDL permanently. A second DUI automatically results in a lifetime suspension. Losing your CDL could be a major financial blow to you and your family. If you have always been a truck driver, you may not have the education or trade skills to get a different job with similar pay right away. If truck driving is already a second career you took up well into adulthood, you might have an even harder time changing careers at this stage or finding a part-time retirement job that offers the same pay level. If you are a CDL driver facing a second DUI, it is extremely important to fight back. If your San Francisco, CA CDL DUI lawyer is able to have your charges reduced or dismissed or secure an acquittal at trial, you may be able to keep your license and your career.

Does it Matter Whether I Was Driving a Truck or My Own Car When I Got Arrested?

Your CDL can still be suspended for a DUI you got off duty. It does not matter what kind of vehicle you were operating when you were pulled over for driving drunk. The idea behind this law is that if a person cannot be trusted to only drive his own vehicle when he is sober, he should likely not be trusted with a massive commercial vehicle that could do much more damage if he drives drunk again. This is especially true after a second DUI.

The only real difference between getting a DUI on or off duty is the BAC limit. If you were in your personal vehicle, you would only be charged with a DUI if your BAC was 0.08 percent or higher. If you were driving a commercial vehicle, you could be charged with a commercial DUI with a BAC of only 0.04 percent.

Should I Prepare to Go to Trial For My Second CDL DUI?

Your attorney will probably try to have your charges reduced or dismissed before suggesting you go to trial. DUIs are often dismissed when there is an issue with the chemical tests used to determine BAC, when the officer lacked probable cause for an arrest, or when the police violated the defendant’s constitutional rights during the stop or arrest.

If this proves impossible, the next step may be to go to trial. Going to trial for your DUI may be your best chance to avoid conviction. If the jury acquits you, you will most likely be able to keep your CDL. However, there is always a risk that you could be sentenced more harshly if you are convicted. You should always discuss this important decision with your criminal defense attorney.

Contact a San Francisco, CA CDL DUI Lawyer 

Burglin Law Offices, P.C. is highly experienced in representing CDL holders who have been charged with a second DUI. Aggressive Sonoma, CA repeat DUI attorney Paul Burglin has represented more than 5,000 DUI defendants, many of whom are truck drivers. Contact us at 415-729-7300 for a complimentary consultation.