Florida DUI for Commercial Drivers: The Impact of an Alcohol Conviction on Your CDL

While a DUI comes with major consequences for any Florida resident, a conviction is particularly serious for a commercial driver. Due to the inherent safety risks associated with operating a large commercial vehicle, drivers with a CDL are held to a higher standard.

Commercial Drivers Have Different BAC Rules

For the typical motorist over the age of 21, the legal blood alcohol content (BAC) is 0.08%. A person’s BAC depends on a number of factors, including their weight, sex, medications they are taking, and whether or not they are drinking on an empty stomach. However, drinking three to five servings of alcohol in an hour is generally enough for someone to be considered legally drunk.

For someone with a CDL, the legal BAC is only 0.04%. As you might expect, this means a person with a CDL could potentially face DUI charges after enjoying only one or two drinks with dinner.

Effect of Implied Consent Rules

All Florida drivers are subject to implied consent rules that require a blood or urine test after being pulled over on suspicion of drunk driving.

All Florida drivers are subject to implied consent rules, which require a blood or urine test after being pulled over on suspicion of drunk driving. For a commercial driver, refusing this test is an automatic one-year suspension of your CDL, even if the DUI charges are later dropped. A second refusal results in a permanent CDL suspension.

This is why it’s crucial to act quickly. After a failed BAC test or a test refusal, you have only ten days to request an administrative hearing to challenge the automatic suspension of your CDL. Our firm can help you navigate this process to fight for your driving privileges.

Potential Penalties

After your arrest, you will be placed on out-of-service status for 24 hours. If you are convicted, your CDL will be disqualified for one year. The disqualification would increase to three years if you were hauling hazardous substances at the time of your arrest.

Additional DUI penalties include:

• Up to six months in jail
• Possible fine of up to $1,000
• Probation
• Community service
• Mandatory completion of an alcohol evaluation and treatment program

Your CDL will not be automatically reinstated once the suspension has expired. You will need to pass the certification exams and pay reinstatement fees. You must also satisfy all requirements imposed by the criminal court before you will be allowed to regain your driving privileges.

Hardship License

In some cases, it is possible for a Florida driver to obtain a hardship license that allows for limited driving for employment, school, or medical purposes. However, a driver with a suspended CDL is ineligible for a hardship license. They must serve the full term of their suspension.

Obtaining a CDL After a DUI

If you are interested in becoming a commercial driver, you may find yourself wondering if a past DUI will be disqualifying. Florida law does allow drivers to apply for and receive a CDL if they have a past DUI conviction. However, the hiring policies of major carriers often make it difficult to find work with a DUI conviction on your record—especially if you’ve only recently had your driving privileges reinstated. Drivers with any recent offense are considered high risk and thus increase a company’s insurance rates.

Building a Defense

With your ability to earn a living at risk, it’s crucial that you consult with a qualified Commercial vehicle DUI lawyer in Florida as soon as you are charged with a DUI. A Florida DUI attorney for CDL holders can help you navigate the complexities of your case, protect your rights, and work to get the charges against you dropped or reduced.

Here are some defenses:

• No probable cause for the stop
• Illegal seizure
• Forced compliance with voluntary roadside sobriety tests
• Non-compliance with administrative rules
• Unreasonable length of detention
• Violation of your Miranda rights
• Breath test operator was not properly trained, the machine wasn’t maintained, or evidence wasn’t handled correctly

If you wish to appeal the automatic suspension of our CDL after a failed BAC test or test refusal, you only have ten days to request a hearing. Our top-rated legal experts for DUI charges in Fort Lauderdale can help you with this process.

Call us at (954) 523-3811 or fill out our contact form to request a confidential consultation.