What Commercial Drivers Need to Know About DUI Consequences in Florida
As a commercial driver in Florida, your livelihood depends on your ability to drive. Losing your Commercial Driver’s License (CDL) can be a devastating blow to your career. A DUI conviction is one of the most serious offenses that can result in the suspension or revocation of your CDL, and Florida law treats DUI charges for CDL holders very seriously.
In Florida, the consequences of a DUI are already severe for regular drivers, but if you hold a CDL, the stakes are even higher. Whether you're facing a DUI while driving your personal vehicle or while operating a commercial vehicle, the repercussions can be significant. Let’s discuss what happens if you’re convicted of DUI as a CDL holder in Florida and the potential impact on your ability to keep your license.
Florida DUI Laws for Commercial Drivers
The rules are stricter for commercial drivers when it comes to DUI charges. While the legal blood alcohol content (BAC) limit for non-commercial drivers is 0.08%, the limit is much lower for those operating a commercial vehicle. According to Florida Statute § 322.62, the legal BAC limit for CDL holders while driving a commercial vehicle is 0.04%. This is half of the typical limit, reflecting the greater responsibility placed on commercial drivers.
Even if you’re driving your personal vehicle when stopped for suspicion of DUI, you’ll be subject to the standard 0.08% BAC limit. However, the consequences for your CDL can be just as serious, even if the DUI incident didn’t involve your commercial vehicle.
Consequences of a DUI Conviction for CDL Holders
A DUI conviction for a CDL holder in Florida can lead to severe penalties. These penalties don’t just apply to your regular driver’s license; they also affect your CDL and your ability to continue working as a commercial driver.
Here are the main consequences you could face if convicted of DUI as a CDL holder:
-
One-Year CDL Disqualification for a First Offense:
Florida law requires a mandatory one-year disqualification of your CDL for a first DUI conviction, whether you were driving your personal vehicle or a commercial vehicle at the time. This disqualification applies even if the DUI conviction is based on the standard 0.08% BAC limit. -
Permanent CDL Revocation for a Second Offense:
If you’re convicted of a second DUI, Florida law mandates the permanent revocation of your CDL. There’s no getting around this—two DUI convictions, and your career as a commercial driver is effectively over. -
Additional Criminal Penalties:
Beyond the CDL disqualification or revocation, you’ll also face the typical DUI penalties imposed on non-commercial drivers. These include fines, jail time, community service, probation, and mandatory DUI programs. The severity of these penalties will depend on whether this is your first, second, or subsequent offense and whether there were any aggravating factors like a high BAC or an accident.
Can I Lose My CDL If I’m Arrested for DUI But Not Convicted?
Even if you’re not convicted, simply being arrested for DUI can have consequences for your CDL. Florida law allows for administrative license suspensions, which means your CDL could be suspended based on the results of a breathalyzer test or your refusal to take the test. Under Florida Statute § 322.2615, if you blow above the legal limit or refuse the test, your CDL can be suspended automatically for a set period.
For a first offense, this administrative suspension could last a year, just like with a DUI conviction. You do have the right to challenge the suspension through a formal review hearing, but you’ll need to act quickly. It’s crucial to have legal representation to help you navigate this process and protect your rights.
Refusing a Breath Test: Is It Worth It for CDL Holders?
When you’re pulled over on suspicion of DUI, the officer will likely ask you to submit to a breathalyzer test. As a CDL holder, you’re held to stricter standards when it comes to implied consent laws. Refusing to take the test can lead to immediate consequences under Florida Statute § 322.63, including:
- First Refusal: A refusal to submit to a breathalyzer test will result in a one-year disqualification of your CDL, regardless of whether you’re later convicted of DUI.
- Second Refusal: A second refusal, even if it occurs years later, can result in the permanent revocation of your CDL.
Given these harsh penalties, refusing the test is a risky move, especially if you rely on your CDL for employment.
Impact on Your Employment
One of the most immediate consequences of a DUI arrest or conviction as a CDL holder is the impact on your job. Many trucking companies and other employers of commercial drivers have strict policies against employing drivers with a DUI on their record. Even a temporary suspension of your CDL can lead to job loss, and a permanent revocation will almost certainly end your career as a commercial driver.
In addition, your DUI conviction will appear on your driving record, which is accessible by potential future employers. This can make it difficult to find work in the transportation industry, even if you manage to keep your CDL after a DUI charge.
Legal Defenses to Protect Your CDL After a DUI Charge
Being charged with DUI doesn’t automatically mean you’ll lose your CDL. There are several legal defenses that an experienced Florida DUI lawyer can raise on your behalf to challenge the charges or mitigate the consequences.
-
Challenging the Traffic Stop:
Law enforcement officers must have a valid reason to pull you over. If the stop was unlawful, any evidence obtained during the stop may be suppressed, which can lead to a dismissal of the charges. -
Questioning Breathalyzer Results:
Breathalyzers must be properly calibrated and maintained, and officers must follow strict protocols when administering these tests. If there were any issues with the breathalyzer or the testing process, your attorney can challenge the accuracy of the BAC results. -
Field Sobriety Tests:
Field sobriety tests are often subjective and can be affected by factors like medical conditions, fatigue, or uneven road surfaces. Your attorney can challenge the validity of the field sobriety test results. -
Blood Alcohol Rising Defense:
In some cases, your BAC may continue to rise after you’re pulled over but before the breath test is administered. This defense argues that your BAC was below the legal limit when you were driving, and only rose above the limit after you were stopped.
The Importance of Legal Representation
If you hold a CDL and are facing DUI charges in Florida, you cannot afford to take chances with your future. The penalties for a DUI conviction are severe, and losing your CDL can mean losing your livelihood. A skilled DUI defense attorney can help protect your rights and fight to keep your CDL.
At Musca Law, we understand the unique challenges faced by CDL holders charged with DUI. We know how to challenge the evidence against you and develop a strong defense strategy to help you keep your license and your career.
DUI With a CDL in Florida FAQs
Can I lose my CDL for a DUI in my personal vehicle?
Yes, in Florida, even if you are convicted of DUI while driving your personal vehicle, you will still face CDL disqualification. The state treats DUI offenses involving CDL holders very seriously, regardless of what type of vehicle you were driving at the time.
What happens to my CDL if I’m convicted of DUI in Florida?
If you’re convicted of DUI in Florida and you hold a CDL, you face a mandatory one-year disqualification of your CDL for a first offense. If you’re convicted of a second DUI, your CDL will be permanently revoked. These penalties apply even if the DUI occurs in your personal vehicle.
How long will my CDL be suspended if I refuse a breath test?
For a first refusal, your CDL will be suspended for one year. A second refusal will result in permanent revocation of your CDL. Florida’s implied consent laws impose these penalties even if you are not convicted of DUI.
Can I challenge the suspension of my CDL after a DUI arrest?
Yes, you have the right to challenge the administrative suspension of your CDL after a DUI arrest. You can request a formal review hearing, but you must act quickly. An experienced DUI defense attorney can guide you through this process and help protect your license.
Do the penalties for DUI with a CDL apply to out-of-state drivers?
If you hold a CDL from another state but are convicted of DUI in Florida, the penalties can still apply. Florida shares information with other states, and a DUI conviction in Florida may lead to CDL disqualification or suspension in your home state.
Can I get my CDL reinstated after a DUI conviction?
After a first DUI offense and a one-year disqualification, you may be able to apply for CDL reinstatement. However, if your CDL was permanently revoked due to a second offense, there is no option for reinstatement.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with DUI and hold a CDL, time is critical. Don’t wait to protect your license and your future. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our experienced criminal defense attorneys are here to defend your rights and help you keep your CDL.