The Stricter Rules for Drivers of Vehicles Requiring a Commercial Driver’s License (CDL)
In the State of California, most drivers are acutely aware that it is unlawful to drive a vehicle while under the influence of alcohol or with a Blood Alcohol Content (BAC) of 0.08 percent or higher. What some people may not know is that Vehicle Code Section 23152 (d) makes it unlawful for a person to drive a motor vehicle requiring a Commercial Driver’s License (CDL) to have a BAC of 0.04 percent or higher. Additionally, if you are convicted of a DUI under Vehicle Code Section 23152 (d) you could face a one (1) year suspension of your CDL. This could affect your livelihood if your work depends on you holding a valid commercial license.
With the rise of ride sharing apps like Uber and Lyft, California lawmakers added Vehicle Code 23152 (e) making it unlawful for a person to have a BAC of 0.04 percent or higher when operating a vehicle with a passenger for hire. According to this statute, passenger for hire “means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent or any other person having an interest in the vehicle.” In order to be prosecuted under this statute, the driver must have been operating the vehicle while the passenger for hire is a passenger in the vehicle at the time of the offense.
Because of the nature of either the license they carry or the passengers in their vehicle, drivers under these statutes are held to a stricter standard. It is important to remember that drinking and driving is a serious offense that could result in the loss of your career, your license and your freedom.