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oldsmoboat
05-13-2011, 9:17 AM
What is the BAC for a person with a CDL in a non commercial vehicle?
Code?

WILDMAN442
05-13-2011, 9:18 AM
.08%

23152(a) &(b)

oldsmoboat
05-13-2011, 9:22 AM
My employer is telling me its .04 in my private car because I have a CDL.

WILDMAN442
05-13-2011, 9:24 AM
Do you have a class a endorsement?

oldsmoboat
05-13-2011, 9:28 AM
Class A with doubles/triples, tanker and M1

WILDMAN442
05-13-2011, 9:32 AM
The way I understand the section,

You have,to be under .08% in non-commercial vehicles and under .04% in commerical vehicles.

Thats my understanding of,the vehicle code.

But dont quote me. Ask a lawyer.

Roddd
05-13-2011, 11:34 AM
I believe wildman is correct. If you're in a non commercial vehicle, you may be .08. If in a commercial vehicle, you must be .04 or below. Check section 23152 of the vehicle code, I don't know what sub section covers commercial vehicles as I've never done an arrest involving commercial vehicles.

pdq_wizzard
05-13-2011, 12:20 PM
I believe wildman is correct. If you're in a non commercial vehicle, you may be .08. If in a commercial vehicle, you must be .04 or below. Check section 23152 of the vehicle code, I don't know what sub section covers commercial vehicles as I've never done an arrest involving commercial vehicles.

My son's friend blew a .08 and got a dui, you must be under .08.

34marine
05-13-2011, 12:26 PM
I believe wildman is correct. If you're in a non commercial vehicle, you may be .08. If in a commercial vehicle, you must be .04 or below. Check section 23152 of the vehicle code, I don't know what sub section covers commercial vehicles as I've never done an arrest involving commercial vehicles.

23152(d)

oldsmoboat
05-13-2011, 12:52 PM
Thanks all.
I've always maintained that it is .08 in a passenger vehicle and .04 in a commercial vehicle. I've asked them to show me the code that says otherwise and they can't. Then they say a memo came out to that effect but they can't produce that either.

<--- government employee...

retired
05-13-2011, 4:30 PM
Thanks all.
I've always maintained that it is .08 in a passenger vehicle and .04 in a commercial vehicle. I've asked them to show me the code that says otherwise and they can't. Then they say a memo came out to that effect but they can't produce that either.

<--- government employee...

You do realize that leos work for the government right and you just slammed them.;):D

oldsmoboat
05-13-2011, 4:37 PM
You do realize that leos work for the government right and you just slammed them.;):D
Maybe if they are hypersensitive. Otherwise, they know what I am talking about...
:D

solanoshooter
05-13-2011, 9:05 PM
My son's friend blew a .08 and got a dui, you must be under .08.

You could be below .08 and still be charged under 23152(a). .08 bac is the presumptive limit.

Falconis
05-13-2011, 9:19 PM
yup, a guy could blow a .02 and if he ends up crashing his car along with some other evidence, he'll be good to go for DUI.

G-forceJunkie
05-13-2011, 11:21 PM
Related question: Most pickup trucks in California have commercial plates on them...would the OP driving his pickup need to be under .04 or .08?

Roddd
05-14-2011, 2:32 AM
In a pickup, you must be under .08. The .04 only applies to vehicles which require a CDL to operate. Keep in mind, under .08 you may still be arrested for DUI under 23152(a).

yzernie
05-14-2011, 1:01 PM
The .08% is a presumptive limit. You could be arrested for DUI at well below .08% if you show impairment. There are 2 sections of VC23152, section a and section b. You can still be arrested for DUI under the "a" section and be below a .08%.

Here is a classic example...my wife does not drink alcoholic beverages very often. After one glass of wine she is a bit tipsy and would still be well below the .08% level. If she would get behind the wheel of a car and drove it could easily be proven under the "a" section she was impaired. Having said that, being below the .08% limit as set forth in the "b" section does not negate the "a" section for impairment.