Can I Lose My CDL for a DUI in My Personal Vehicle?

How a DUI in Your Personal Car Can Cost You Your Commercial Driver’s License in Florida

As a commercial driver, your commercial driver’s license (CDL) is more than just a license—it’s your livelihood. Losing it could mean losing your ability to work, support your family, and continue your career. Many CDL holders assume that a DUI in their personal vehicle won’t affect their commercial driving privileges. Unfortunately, that’s not the case in Florida. If you hold a CDL and are arrested for driving under the influence, even in your private car, you could face severe penalties, including a CDL suspension.

Let’s take a closer look at how Florida law treats DUIs for CDL holders, the penalties involved, and the options for defending your CDL after a DUI arrest.

Florida DUI Laws and CDL Holders

DUI charges in Florida fall under Florida Statutes § 316.193, which defines driving under the influence as operating a vehicle with:

• A blood alcohol concentration (BAC) of 0.08% or higher, or
• Being impaired by alcohol, drugs, or a combination of both to the extent that normal faculties are affected.

For CDL holders, Florida law imposes even stricter BAC limits when driving a commercial vehicle. Under Florida Statutes § 322.61, a CDL holder operating a commercial vehicle is considered legally impaired with a BAC of 0.04% or higher—half the standard limit for non-commercial drivers.

However, even if you were driving your personal vehicle at the time of your arrest, the DUI conviction will result in the suspension of your CDL. The law treats CDL holders differently because they are held to a higher standard, both on and off the job.

Can You Lose Your CDL for a DUI in Your Personal Car?

Yes. Under Florida law, a DUI conviction in your personal vehicle will still trigger a CDL suspension.

According to Florida Statutes § 322.61(2), a CDL holder who is convicted of a DUI, even in a non-commercial vehicle, faces:

• A one-year CDL suspension for a first DUI conviction
• A lifetime CDL disqualification for a second DUI conviction

This means that even if you were driving your personal car at the time of the arrest, your commercial driving privileges will still be impacted.

First DUI Offense and CDL Suspension

If this is your first DUI offense, your CDL will be disqualified for at least one year. This applies whether the offense occurred in a personal or commercial vehicle. During this suspension, you will not be eligible for a hardship license for commercial driving.

Even though you may be able to obtain a hardship license to drive your personal vehicle after a DUI conviction, this will not reinstate your CDL. Your commercial driving privileges remain suspended for the full disqualification period.

Second DUI Offense and Lifetime CDL Revocation

If you are convicted of a second DUI at any time, whether in your personal or commercial vehicle, Florida law requires a lifetime disqualification from holding a CDL. There is no hardship license available to allow you to continue working as a commercial driver.

Some drivers may be eligible for reinstatement after 10 years, but this is not guaranteed. If you are facing a second DUI charge, it is critical to fight the charges aggressively to avoid a permanent loss of your CDL.

How a DUI Conviction Affects Your CDL Career

A DUI conviction doesn’t just mean losing your CDL temporarily—it can have long-term effects on your career, including:

• Job Loss – Most trucking companies have strict policies against hiring drivers with a DUI on their record.
• Difficulty Finding Future Employment – Even if your CDL is reinstated, many employers will hesitate to hire a driver with a DUI conviction.
• Higher Insurance Costs – Commercial vehicle insurance premiums can skyrocket after a DUI, making it expensive for companies to employ a driver with a prior conviction.

Because of these serious consequences, fighting a DUI charge is essential to protecting your CDL and your career.

Defending Against DUI Charges as a CDL Holder

If you hold a CDL and are arrested for DUI in Florida, there are several potential defenses that can be used to fight the charges:

Challenging the Traffic Stop

The police must have a lawful reason to stop your vehicle. If the stop was based on an illegal traffic stop or lacked probable cause, any evidence collected may be suppressed.

Questioning the Accuracy of Breath and Blood Tests

Breathalyzer machines are not infallible. Errors in calibration, maintenance, or administration can lead to inaccurate BAC readings. Additionally, medical conditions such as GERD (gastroesophageal reflux disease) or diabetes can affect breath test results.

Field Sobriety Test Issues

Field sobriety tests are highly subjective and can be affected by fatigue, medical conditions, or even uneven pavement. These factors can create false indicators of impairment.

Challenging Officer Observations

An officer’s opinion that you appeared impaired is not the same as scientific proof. If the arrest was based solely on subjective observations, your defense may focus on inconsistencies in the officer’s report or body camera footage.

Plea Bargaining to a Lesser Charge

In some cases, it may be possible to negotiate for a reduced charge, such as reckless driving, which may carry fewer CDL-related penalties than a DUI conviction.

The Importance of the 10-Day Rule for CDL Holders

If you are arrested for DUI in Florida, you have only 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

This hearing is critical because it’s your only opportunity to challenge the suspension of your personal driver’s license and CDL before it takes effect. If you miss this deadline, your CDL suspension will begin automatically, and you will have fewer options to fight it.

Requesting this hearing can:

• Allow you to continue driving while your case is reviewed
• Give your attorney time to examine the evidence
• Potentially result in the reinstatement of your driving privileges

If you hold a CDL, it is essential to act quickly after a DUI arrest. The 10-day rule applies to everyone, but the stakes are much higher for commercial drivers.

Florida DUI CDL Defense FAQs

Can I lose my CDL for a DUI if I was driving my personal car?
Yes. A DUI conviction in your personal vehicle results in a minimum one-year CDL disqualification for a first offense. A second DUI conviction leads to a lifetime revocation of your CDL under Florida Statutes § 322.61.

What is the BAC limit for CDL drivers in Florida?
If you are operating a commercial vehicle, the legal BAC limit is 0.04%. However, if you are driving a personal vehicle, the standard limit of 0.08% applies.

Can I get a hardship license to drive a commercial vehicle after a DUI?
No. Florida does not offer hardship licenses for CDL holders to operate commercial vehicles after a DUI conviction.

Does a DUI conviction mean I will lose my job?
It depends on your employer, but many trucking companies have a zero-tolerance policy for DUIs. Even after your CDL is reinstated, finding a new driving job may be difficult.

What should I do immediately after a DUI arrest to protect my CDL?
You have 10 days to request a formal review hearing with the DHSMV. This is critical in fighting the automatic suspension of your personal license and CDL.

Can I challenge the DUI charges in court?
Yes. You can fight the charges by questioning the legality of the stop, the accuracy of BAC tests, and whether field sobriety tests were properly administered.

How long will my CDL be suspended if I am convicted of DUI?
For a first DUI offense, your CDL is suspended for one year. A second offense results in a lifetime CDL revocation.

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.