DUI Charges and Commercial Driver’s Licenses (CDLs) in Florida
For commercial drivers, a DUI arrest in Florida has the potential to extend beyond the typical criminal case. As a commercial driver, even an accusation of one DUI can put your livelihood at risk. Florida has laws that are more stringent for commercial drivers, and it is important to understand the stakes, as well as how a DUI defense attorney can help.
Lower BAC limits for CDL holders
Most drivers in the State of Florida are considered legally impaired at a blood alcohol concentration of .08. However, commercial drivers are held to a much higher standard. A CDL driver can face penalties at a blood alcohol concentration of .04 while operating a commercial vehicle.
It is also worth noting that a CDL driver can face penalties, even though the DUI arrest was in a non-commercial vehicle. It surprises a lot of drivers that this can happen.
Automatic CDL disqualification
CDL holders are hit with a double whammy when it comes to DUI charges and convictions. A conviction on their record would create a mandatory CDL disqualification, regardless of whether the vehicle was a commercial truck or their own vehicle.
Common disqualification periods include:
- First DUI conviction – One-year CDL disqualification
- Second DUI conviction – Lifetime CDL disqualification, with limited reinstatement possibilities.
- DUI while transporting hazardous materials – Three-year disqualification.
These penalties apply even if the driver receives a hardship license for personal driving purposes. Florida does not allow hardship or business-purpose licenses for CDL operation.
Refusing a breath test and CDL consequences
Commercial drivers must be aware that, if they refuse to take the breath test, this can have serious consequences. If the driver refuses a breath test, it could lead to an automatic suspension of their driver’s license, even before the case is resolved.
Since CDL holders are subject to both state and federal regulations, these cases are more complicated compared to standard DUI charges.
Employment and career impact
Even a charge of DUI has the potential to negatively impact employment, especially for commercial drivers. This is due to the fact that many companies, such as those in trucking, delivery, and transportation industries, have zero-tolerance policies.
In addition, even before a DUI conviction, employment may be negatively affected, including the difficulty of obtaining future employment. Your DUI record will remain on your driver’s license for years, making it difficult to recover in the long term.
How an Orlando DUI defense attorney can help CDL holders
For commercial drivers, it is vital to obtain an attorney as soon as possible. In such cases, a Florida DUI attorney can help by:
- Challenging the validity of the stop or DUI investigation
- Challenging the results of breath or blood tests
- Challenging the suspension of driving privileges
- Negotiating a plea bargain that spares the commercial driver the mandatory CDL suspension
- Defending the commercial driver’s personal driving privileges while defending the CDL privileges
For commercial drivers, an outright dismissal of the DUI charge may be the difference between keeping and losing their careers.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Florida residents who are charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
