Ziehlke

*1528 Opinion

Lose your sobriety, lose your driver’s license, lose your job. That is one of the serious consequences for commercial motor vehicle operators who drive under the influence of alcohol.

Vehicle Code section 15300 prohibits a person from operating a commercial motor vehicle for a period of one year if the person is “convicted” of driving any vehicle while having 0.08 percent or more of alcohol in his or her blood (Veh. Code, § 23152, subd. (b)), or driving a commercial vehicle while having a blood-alcohol content of 0.04 percent or more (Veh. Code, § 23152, subd. (d)), or committing other driving offenses listed in the statute (Veh. Code, § 15300, subd. (a)(1)—(10); further section references are to the Vehicle Code unless otherwise specified). A “conviction” includes “a determination” by “an authorized administrative tribunal” that “a person has violated or failed to comply with the law . . . .” (§ 15210, subd. (d).)

When Joseph Scott Ziehlke was arrested for driving his pickup truck while having a blood-alcohol content of 0.16 percent, twice the legal limit, the arresting officer confiscated Ziehlke’s Class B commercial driver’s license. The officer gave Ziehlke a…