How DUI Laws Apply to Commercial Drivers Even in Their Own Vehicles
Commercial driver's license (CDL) holders in Florida are subject to stricter laws when it comes to driving under the influence (DUI). Most commercial drivers are aware that the legal blood alcohol concentration (BAC) limit for operating a commercial vehicle is 0.04%, half of the standard 0.08% limit for non-commercial drivers. However, many do not realize that a DUI in a personal vehicle can still carry devastating consequences, including the loss of their CDL. Florida law treats CDL holders differently, regardless of what type of vehicle they were driving at the time of their arrest.
Florida's DUI Laws for CDL Drivers in Personal Vehicles
Under Florida Statutes § 316.193, any driver operating a motor vehicle with a BAC of 0.08% or higher or whose normal faculties are impaired by alcohol or drugs can be charged with DUI. This applies to everyone, including CDL holders, when they are driving a personal vehicle.
However, the key distinction for CDL holders is how a DUI conviction—even if it happens in their personal vehicle—affects their commercial driving privileges. Unlike standard drivers, CDL holders face additional penalties under Florida Statutes § 322.61, which governs the disqualification of commercial driving privileges due to DUI and other offenses.
How a DUI in a Personal Vehicle Affects a CDL Holder
If a CDL holder is convicted of DUI while driving their personal vehicle, they still face the same criminal penalties as any other driver, but they also risk serious consequences for their commercial license.
Criminal Penalties for DUI in a Personal Vehicle (First Offense)
A first-time DUI conviction in Florida carries:
- A license suspension of 6 months to 1 year
- Fines ranging from $500 to $1,000
- A maximum jail sentence of 6 months
- Mandatory DUI school and substance abuse treatment
- Vehicle impoundment
- Possible community service
For most drivers, these penalties are already severe, but for CDL holders, the impact is even greater.
CDL Disqualification for DUI in a Personal Vehicle
Under Florida Statutes § 322.61, a DUI conviction in a personal vehicle results in an automatic one-year disqualification of a commercial driver’s license. This means the CDL holder cannot legally drive a commercial vehicle for an entire year, even if they were not on the job at the time of their arrest.
If a CDL holder is convicted of a second DUI offense, regardless of whether it occurs in a commercial or personal vehicle, they face a lifetime disqualification of their CDL. While there may be an opportunity to apply for reinstatement after 10 years, this is not guaranteed and requires significant legal effort.
Refusing a Breath Test as a CDL Holder in a Personal Vehicle
Florida’s Implied Consent Law (Florida Statutes § 316.1932) requires drivers to submit to a breath, blood, or urine test if law enforcement has probable cause to suspect DUI. Refusing to take a breath test comes with serious consequences, especially for CDL holders.
- First refusal: One-year driver’s license suspension (applies to both CDL and personal license)
- Second refusal: 18-month suspension and a first-degree misdemeanor charge
- CDL Disqualification: A first refusal results in a one-year CDL disqualification, while a second refusal results in a lifetime CDL disqualification
Refusing a breath test does not mean the DUI charge will disappear. Prosecutors can still argue impairment based on officer observations, field sobriety tests, and other circumstantial evidence.
Defending Against a DUI Charge as a CDL Holder
CDL holders face higher stakes in DUI cases. A conviction doesn’t just affect their ability to drive a personal vehicle—it directly impacts their career and ability to earn a living. Because of this, it’s essential to challenge every aspect of the DUI charge.
Challenging the Traffic Stop
If law enforcement did not have reasonable suspicion to stop you, any evidence obtained afterward—including field sobriety tests and breathalyzer results—may be inadmissible in court.
Questioning the Breathalyzer Accuracy
Breath testing devices must be properly calibrated and maintained. If there are errors in how the test was conducted or recorded, we can challenge the results.
Scrutinizing Field Sobriety Tests
Field sobriety tests are not foolproof. Many external factors, such as poor lighting, uneven surfaces, or medical conditions, can affect performance.
Examining Probable Cause for Arrest
The officer must have had probable cause to believe you were impaired before making an arrest. If probable cause was weak, the case may be dismissed.
The 10-Day Rule: Protecting Your CDL After a DUI Arrest
If you are arrested for DUI, you have only 10 days to request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the administrative suspension of your license.
This hearing is separate from the criminal case and focuses solely on whether your driver’s license—including your CDL—should remain suspended. If no hearing is requested, the suspension takes effect automatically.
At the hearing, we can argue:
- The officer lacked probable cause to stop or arrest you
- The breathalyzer test was improperly administered
- The refusal to take a breath test was not properly recorded
- Procedural errors violated your rights
Winning the hearing could result in reinstating your CDL or obtaining a hardship license to drive under limited circumstances.
Why CDL Holders Must Fight DUI Charges
For most drivers, a DUI conviction means temporary inconvenience and legal penalties. For CDL holders, it can mean the end of a career. Employers are often unwilling to hire drivers with DUI records, and insurance rates for commercial drivers increase dramatically after a conviction.
A strong defense can make the difference between keeping and losing your livelihood.
DUI CDL FAQs
What is the BAC limit for CDL holders driving a personal vehicle in Florida?
The legal BAC limit for CDL holders in a personal vehicle is 0.08%, the same as for non-commercial drivers. However, a DUI conviction carries additional penalties, including an automatic one-year CDL disqualification.
Can I still drive a commercial vehicle if I get a DUI in my personal car?
No. Under Florida Statutes § 322.61, a DUI conviction in a personal vehicle leads to an automatic one-year CDL disqualification. A second offense results in a lifetime disqualification.
What happens if I refuse a breath test as a CDL holder in my personal vehicle?
Refusing a breath test leads to an automatic license suspension and a one-year CDL disqualification for a first refusal. A second refusal results in a lifetime CDL disqualification.
Can I fight a DUI charge and keep my CDL?
Yes. Challenging the validity of the traffic stop, the accuracy of the breath test, and other procedural errors can lead to dismissed charges or reduced penalties.
How long do I have to request a DHSMV hearing after a DUI arrest?
You have 10 days from the date of your arrest to request a hearing with the DHSMV. This hearing determines whether your CDL remains suspended.
Can I get a hardship CDL after a DUI conviction?
No. Unlike non-commercial drivers, CDL holders are not eligible for hardship reinstatement for commercial driving privileges.
How does a DUI conviction affect my employment as a truck driver?
Most employers will not hire CDL drivers with a DUI conviction. Even after reinstating your CDL, insurance costs may be too high for companies to justify hiring you.
What defenses are available for CDL holders charged with DUI?
Potential defenses include challenging the traffic stop, breath test accuracy, field sobriety test reliability, and lack of probable cause.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.