Protecting Your Commercial Driver’s License After a DUI Arrest in Florida

Commercial driver’s license (CDL) holders face stricter DUI laws and harsher penalties in Florida than regular drivers. A DUI charge can threaten your livelihood, as a conviction can lead to the suspension or permanent loss of your CDL. When your ability to work is on the line, understanding your legal options is critical. Let’s examine what DUI laws apply to CDL holders, the consequences of a conviction, and the available defenses that can help you fight the charges.

DUI Laws for CDL Holders in Florida

Under Florida Statutes § 316.193, driving under the influence occurs when a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by alcohol, drugs, or controlled substances. However, CDL holders are held to a much stricter standard when driving a commercial vehicle.

According to Florida Statutes § 322.61, a CDL holder can be disqualified from operating a commercial vehicle for one year if they are convicted of DUI while driving any vehicle—commercial or personal. If they were driving a commercial vehicle at the time of the offense, the legal BAC limit is 0.04%, which is half the legal limit for non-commercial drivers.

A second DUI conviction results in a lifetime disqualification from holding a CDL. This applies whether the offense occurred while driving a commercial vehicle or a personal vehicle. Given these severe penalties, CDL holders must aggressively defend against DUI charges.

Penalties for CDL Holders Convicted of DUI

A DUI conviction carries both criminal penalties and administrative consequences.

Criminal Penalties

If convicted of a first-time DUI, CDL holders face:

  • Up to six months in jail
  • A fine ranging from $500 to $1,000
  • 50 hours of community service
  • Mandatory DUI school
  • Probation of up to one year
  • Driver’s license suspension for six to twelve months

For a second DUI conviction, the penalties increase to:

  • A mandatory minimum of 10 days in jail, with up to nine months in jail
  • Fines between $1,000 and $2,000
  • Five-year driver’s license revocation
  • Ignition interlock device (IID) for at least one year

If a DUI involved a BAC of 0.15% or higher, a minor in the vehicle, or resulted in serious bodily injury, the penalties are even more severe.

Administrative Consequences for CDL Holders

Beyond criminal penalties, CDL holders face consequences that directly impact their ability to work.

  • First-time DUI conviction results in a one-year CDL disqualification.
  • Second-time DUI conviction results in permanent CDL revocation.
  • Refusing a breath, blood, or urine test results in a one-year CDL suspension for a first offense and a lifetime revocation for a second offense.

Defenses Against DUI Charges for CDL Holders

If you are a CDL holder facing DUI charges, several defenses can be used to challenge the allegations. Each case is different, and the best defense strategy depends on the facts surrounding your arrest. Here are some of the most effective defense strategies:

1. Challenging the Traffic Stop

A DUI case starts with the initial stop. Law enforcement must have a valid reason to pull you over, such as speeding, swerving, or a traffic violation. If the officer lacked reasonable suspicion for the stop, any evidence collected afterward—including breath test results—may be inadmissible in court.

2. Questioning Field Sobriety Tests (FSTs)

Field sobriety tests are commonly used to determine impairment, but they are highly subjective. Factors that can affect performance include:

  • Fatigue from long hours of driving
  • Poor weather or road conditions
  • Uneven pavement or roadside debris
  • Physical conditions like vertigo, leg injuries, or back pain

If these conditions impacted your ability to perform the test, we can argue that the officer’s observations were unreliable.

3. Challenging Breathalyzer Accuracy

Breathalyzers are not always accurate. Florida Statutes § 316.1932 requires breathalyzers to be properly maintained and calibrated for results to be admissible in court. Common issues that could lead to inaccurate BAC readings include:

  • Improper calibration of the breathalyzer
  • Residual mouth alcohol from medications, mouthwash, or acid reflux
  • The officer failing to observe you for the required 20 minutes before testing

4. Examining Blood or Urine Test Issues

If you were subjected to a blood or urine test, there are strict protocols that must be followed. Errors in the chain of custody or improper handling of samples could lead to contaminated or false results. We can request lab records and maintenance logs to determine whether testing errors occurred.

5. Proving Lack of Impairment

Many DUI arrests rely on an officer’s opinion of impairment, even when a driver’s BAC is below 0.08%. CDL holders, in particular, are at risk of being wrongfully accused due to the lower 0.04% limit. Factors such as fatigue, stress, or medical conditions can cause symptoms that resemble impairment. If there is no concrete evidence that you were impaired, we can challenge the validity of the arrest.

6. Fighting CDL Disqualification

A DUI charge does not automatically mean you will lose your CDL. If we can successfully challenge the DUI charge or reduce it to a lesser offense, such as reckless driving, you may be able to retain your CDL. Florida Statutes § 316.656 prohibits courts from withholding adjudication for DUI offenses, but plea bargaining for a lesser charge is still possible.

Why Fighting a DUI Charge Matters for CDL Holders

Unlike regular drivers, CDL holders do not have the option to obtain a hardship license for work purposes. If your CDL is revoked, you cannot drive a commercial vehicle under any circumstances. This makes fighting the charges critical to protecting your career and financial stability.

The sooner we begin building your defense, the stronger our case will be. Every piece of evidence must be examined, from dashcam footage to police reports and breath test records.

CDL DUI Defense FAQs

What is the legal BAC limit for CDL drivers in Florida?
The legal limit for CDL holders operating a commercial vehicle is 0.04%, which is lower than the 0.08% limit for non-commercial drivers. If you were driving a personal vehicle, the 0.08% standard applies, but a conviction can still result in CDL disqualification.

Can I get my CDL back after a DUI conviction?
For a first DUI offense, you may regain your CDL after a one-year disqualification period. A second DUI conviction results in lifetime CDL revocation with no possibility of reinstatement.

What happens if I refuse a breathalyzer test as a CDL holder?
Refusing a breathalyzer test leads to an automatic one-year CDL suspension for a first offense and a lifetime revocation for a second refusal. Florida’s Implied Consent Law under Florida Statutes § 316.1932 requires all drivers to submit to chemical testing when lawfully arrested.

Is a CDL holder eligible for a hardship license after a DUI?
No. Unlike non-commercial drivers, CDL holders cannot obtain a hardship license for work purposes if their CDL is suspended or revoked due to DUI.

Can a CDL DUI charge be reduced to reckless driving?
Yes. In some cases, a DUI charge can be reduced to reckless driving under Florida Statutes § 316.192. A reduction can help protect your CDL and minimize penalties.

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.