Vehicles: commercial driver's license: suspension or revocation.

(1) Existing law requires the Department of Motor Vehicles, in the review of a determination that requires the department to immediately suspend the privilege of a person to operate a motor vehicle for any one of specified reasons, to sustain the order of suspension or revocation, or if the person is under 21 years of age and does not yet have a driver's license, to delay issuance of that license for one year if it determines, by the preponderance of the evidence, all of specified facts, including, that the person was driving a motor vehicle with a certain amount of alcohol in his or her blood under any one of 3 specified circumstances. A violation of the Vehicle Code is a crime. This bill would add to those specified circumstances (1) the person was driving a vehicle that requires a commercial driver's license and the person had 0.04% or more, by weight, of alcohol in his or her blood, or (2) the person was on probation for a violation of certain driving under the influence of alcohol or drug offenses and had a blood-alcohol concentration of 0.01% or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test. By expanding the definition of a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.