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What Happens to Your CDL if You Get a DUI Conviction in San Diego?

By San Diego Attorney on December 20, 2025

For commercial drivers, a single driving mistake can threaten your livelihood. If you hold a Commercial Driver’s License (CDL) and you are convicted of driving under the influence (DUI), the consequences could be career ending.

James N. Dicks is a DUI lawyer in San Diego at jD LAW where he has gained extensive experience helping clients navigate their legal rights to protect their career after a DUI conviction with a CDL.

How California Treats DUI for Commercial Drivers

Under California Vehicle Code §23152(d), it is unlawful for a person with a CDL to operate a commercial motor vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This is a lower threshold than the 0.08% standard for non-commercial drivers.

Automatic CDL Disqualification

If you are convicted of a DUI, California law mandates the automatic disqualification of your CDL for at least one year. This disqualification applies regardless of whether the offense occurred while driving a commercial or personal vehicle.

In more severe cases such as transporting hazardous materials under the influence or receiving a second DUI conviction, disqualification can be extended to three years or even result in a lifetime CDL ban.

Federal Trucking Regulations

In addition to California state law, CDL holders must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules govern the qualifications of commercial drivers across the country and are often more stringent than state laws.

According to FMCSA regulations:

• First DUI conviction: Minimum one-year disqualification from operating a commercial vehicle.
• Second offense: Lifetime disqualification, with limited eligibility for reinstatement after 10 years in certain cases.
• Refusal to take a chemical test: Treated the same as a conviction.

Employers of commercial drivers must report any DUI related violations to the Drug and Alcohol Clearinghouse, a national database managed by FMCSA. Once the violation is entered into this database, the offense is visible to all current and future employers.

When Your Employment is at Risk

Most trucking companies and commercial employers have zero-tolerance policies for DUIs. A single conviction often results in immediate termination, and finding new employment with a DUI on your record can be incredibly difficult, if not impossible. Because all prospective employers are required to check the FMCSA Clearinghouse, CDL DUI offenses follow you everywhere.

CDL DUI Suspension Process

Upon arrest for DUI in San Diego, there are two separate proceedings that affect your CDL:

1. Administrative Per Se (APS) Suspension by the DMV
   • This is a civil penalty that begins immediately after arrest.
   • For CDL holders, the DMV will disqualify your commercial driving privileges before a court conviction is even entered.
   • You only have 10 days to request a hearing to challenge the suspension.
2. Criminal Proceedings
   • If convicted, the court imposes penalties including jail time, fines, DUI school, and mandatory license suspension.
   • This criminal conviction triggers the one-year CDL disqualification if it is a first offense.

Remember: These are separate actions. Winning a DMV hearing does not eliminate the risk of criminal conviction, and vice versa.

Employer Notification Requirements

CDL holders are required by both state and federal regulations to notify their employer of a DUI arrest or conviction within 30 days, even if the offense occurred when they were off-duty in a personal vehicle. Failure to do so may result in additional penalties, including immediate termination.

Employers must also ensure compliance with 49 CFR Part 382, which requires:

• Annual review of driver records.
• Random and post-accident alcohol and drug testing.
• Removal of drivers from safety-sensitive functions if they test positive or refuse a test.

Getting Your CDL Back

If your disqualification is for one year, you must wait out the full period and then reapply through the DMV, which may include re-testing and paying a reissue fee. However, many employers will be unwilling to hire a driver with a DUI on record, making reentry into the industry difficult.

For lifetime bans, reinstatement is extremely rare and requires proof of rehabilitation. You may apply after 10 years, but this is granted only under specific criteria and at the discretion of the licensing agency.

How We Can Help

If you are a CDL holder facing DUI charges in San Diego, you need immediate legal representation. Attorney James N. Dicks of jD LAW is a Certified Criminal Law Specialist with over 30 years of experience.

As a former LAPD investigator, Mr. Dicks knows how both law enforcement and prosecutors operate. He has defended countless DUI cases, and he understands how to challenge field sobriety test procedures, chemical test results, and police conduct.

A skilled defense strategy may include:

• Requesting a DMV hearing to fight the administrative suspension.
• Negotiating for reduced charges (e.g., “wet reckless“) to avoid CDL disqualification.
• Challenging probable cause for the traffic stop or arrest.
• Highlighting procedural errors in the testing process.

Time is critical. The 10-day window to request a DMV hearing starts immediately after your arrest. Without legal action, your CDL and your career could be permanently damaged.

Key Takeaways

• BAC limit for commercial drivers is 0.04%.
• A first-time DUI conviction results in at least a one-year CDL disqualification.
• Second offenses or DUI while transporting hazardous materials may lead to lifetime bans.
• Both California law and FMCSA rules apply to CDL DUI cases.
• CDL holders must notify employers within 30 days of any DUI conviction.
• DUI offenses appear in the FMCSA Clearinghouse, which employers must review.
• You must act within 10 days of arrest to protect your driving privileges through a DMV hearing.

Speak With a Trusted DUI Lawyer in San Diego

A DUI charge is a serious concern, but there are steps you can take to protect your career. At jD LAW we understand how important your CDL is to your livelihood.

Call (760) 630-2000 to schedule your free consultation today.