Why Commercial Drivers Have a Stricter BAC Limit
A blood alcohol concentration (BAC) limit exists in all 50 states to reduce the number of drunk drivers on the road. In California, driving with a BAC above the legal limit of 0.08 percent is a crime that can come with significant consequences for regular drivers, including jail time. Commercial drivers have a stricter BAC limit of 0.04 percent for enhanced public safety.
Why Are DUI Laws Different for Truck Drivers?
When operating under a commercial driver’s license (CDL), a driver is subject to a different set of traffic laws than a regular driver. This is due to the greater risks involved with commercial motor vehicles. According to the National Highway Traffic Safety Administration, 5,837 people lost their lives in accidents involving large trucks in 2022.
Commercial vehicles, such as buses and semi-trucks, are larger and heavier than standard passenger cars. In an accident, commercial vehicles can inflict a high level of damage on smaller cars and their occupants. For this reason, commercial drivers are held to stricter standards of care than other drivers.
One example is a BAC level that is cut in half – from 0.08 percent to 0.04 percent – for CDL holders who are operating commercial vehicles. With this reduced BAC, just one alcoholic drink could push a commercial driver over the legal limit and result in a driving under the influence (DUI) charge.
What Are the Risks of Drinking and Driving for Truck Drivers?
Commercial drivers have stricter BAC limits for issues related to public safety. Operating a semi-trailer truck or “big rig” takes a higher amount of skill and concentration than the average passenger vehicle, which places a higher responsibility of care on the truck driver.
Alcohol can affect a commercial driver in many dangerous ways, including:
- Delayed reaction times
- Impaired reflexes and coordination
- Poor judgment and decision-making
- Reckless driving behaviors
- Lack of impulse control
- Emotional changes and road rage
- Trouble concentrating
- Memory impairment
- Blurred or impaired vision
- Drowsiness and fatigue
Trucks and buses are more difficult to maneuver, turn, and stop than smaller cars. These tasks become impossible for a driver to perform safely if he or she is impaired by alcohol or drugs. For this reason, commercial drivers are subject to a lower BAC limit under state and federal law.
What Are the Consequences of a DUI for Commercial Drivers in California?
If a commercial driver operates a truck or other large vehicle with a BAC at or above the legal limit of 0.04 percent, he or she could cause a devastating truck accident that results in serious injury or death. The trucking company could be held liable, or legally and financially responsible, for the drunk driving truck accident under the doctrine of vicarious liability.
In addition to civil liability for the DUI truck accident, a truck driver operating over the legal BAC limit could face criminal charges. A conviction for driving under the influence can result in a one-year commercial driver’s license suspension, in addition to penalties such as fines and jail time. A second offense can result in a lifetime ban from commercial driving
If you or someone you love was involved in a truck accident with a driver with a BAC at or above the legal limit of 0.04 percent in California, contact an attorney at Panish | Shea | Ravipudi LLP for a free case consultation. We can help you understand and protect your legal rights as a victim of this preventable type of accident.
