Understanding the Impact of Refusing a Breathalyzer Test on Your CDL and Driving Privileges in Florida

Commercial drivers are held to a higher legal standard in Florida, even when they’re off the clock. Many CDL holders don’t realize that refusing a breath test while driving a personal vehicle carries serious consequences that can affect their ability to work. Florida has strict implied consent laws, and refusing a breathalyzer comes with penalties that could cost you your commercial driving career.

If you drive commercially and have been accused of refusing a breath test, you need to understand what’s at stake. The consequences go beyond a standard DUI case and can result in an automatic suspension of your CDL. Let’s examine how Florida law treats these cases and what steps you can take to defend yourself.


Florida’s Implied Consent Law and How It Applies to CDL Holders

Under Florida Statutes § 316.1932, anyone who operates a vehicle on Florida roads has already consented to submit to a breath, blood, or urine test if law enforcement suspects them of driving under the influence. This law applies to all drivers, including CDL holders, even when they are driving their own personal vehicles.

If you refuse a breath test, you face immediate administrative penalties, including a driver’s license suspension. While these penalties apply to all drivers, the impact on CDL holders is much more severe.

First-Time Refusal

  • Administrative License Suspension: A first refusal results in a one-year suspension of your regular driver’s license under Florida’s implied consent laws.
  • CDL Disqualification: Even if the refusal happened in your personal vehicle, your commercial driver’s license (CDL) will be disqualified for one year under Florida Statutes § 322.61.
  • No Hardship CDL License: Unlike regular drivers, CDL holders cannot obtain a hardship license to drive commercially during the suspension period.

Second Refusal

  • Driver’s License Suspension: A second refusal leads to an 18-month suspension of your personal driver’s license.
  • Permanent CDL Revocation: If you refuse a breath test a second time, your CDL will be permanently disqualified.

Because Florida takes CDL violations seriously, refusing a breath test can put your livelihood at risk. Even if you were not convicted of DUI, the refusal itself is enough to trigger these penalties.


Can a CDL Holder Refuse a Breath Test Without Criminal Penalties?

Refusing a breathalyzer does not automatically mean you will face criminal DUI charges. However, Florida Statutes § 316.1939 makes it a first-degree misdemeanor if you refuse a breath test after a prior refusal.

Penalties for a criminal refusal include:

  • Up to one year in jail
  • Up to one year of probation
  • Fines up to $1,000

While a first-time refusal typically results in administrative penalties, repeat refusals can lead to criminal charges in addition to CDL disqualification.


CDL Holders Are Held to a Stricter Standard

The consequences of refusing a breath test are harsher for CDL holders because commercial drivers must follow stricter rules. Under Florida Statutes § 322.64, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) enforces the Federal Motor Carrier Safety Regulations (FMCSR), which require CDL holders to submit to chemical testing.

Unlike standard drivers, commercial drivers can face CDL disqualification even if the refusal occurs in a personal vehicle. This means that even if you weren’t working at the time, the refusal will still affect your commercial driving privileges.

Additionally, while the standard legal limit for a non-commercial driver is 0.08% BAC, CDL holders can be disqualified for having a BAC of 0.04% when operating a commercial vehicle.


How CDL Holders Can Challenge a Breath Test Refusal

If you refused a breath test, you have options to fight the consequences. There are two main ways to challenge a breath test refusal:

1. Request a Formal Review Hearing (Within 10 Days)

After a breath test refusal, you have 10 days to request a formal review hearing with the DHSMV to challenge your license suspension. If you fail to act within this period, the suspension becomes automatic, and your CDL will be disqualified.

At the hearing, we can challenge:

  • Whether the officer had probable cause to stop you
  • Whether you were properly informed of the consequences of refusal
  • Whether the breath test request was lawfully conducted

If the hearing officer finds that law enforcement failed to follow procedures, your suspension could be overturned.

2. Fight the CDL Disqualification in Court

Even if the DHSMV upholds your administrative suspension, we can still fight the CDL disqualification in court. Some potential defenses include:

  • Lack of Probable Cause: If the traffic stop was unlawful, all evidence gathered afterward, including the refusal, could be suppressed.
  • Officer Misconduct: If the officer did not follow protocol, failed to inform you of your rights, or coerced you into refusing, the refusal may be challenged.
  • Medical Conditions: Certain medical issues can prevent someone from providing a breath sample, and this may be used as a defense.

Why CDL Holders Should Fight a Breath Test Refusal

Unlike regular drivers, commercial drivers rely on their licenses for their livelihood. The impact of losing your CDL goes far beyond fines or probation—it can end your career. Employers are unlikely to hire a driver with a disqualified CDL, and many trucking companies have zero-tolerance policies for breath test refusals.

A strong defense is essential if you want to protect your ability to work. Challenging the refusal can:

  • Prevent your CDL from being disqualified
  • Keep your driving record clean
  • Reduce long-term financial consequences

If you are facing CDL disqualification due to a breath test refusal, acting quickly is critical.


CDL DUI Defense FAQs

What happens to my CDL if I refuse a breath test in my personal vehicle?
If you refuse a breath test in your personal vehicle, you will face a one-year CDL disqualification under Florida Statutes § 322.61. A second refusal results in permanent disqualification, even if you were not convicted of DUI.

Can I get a hardship license to continue driving commercially after a refusal?
No. Unlike standard drivers, CDL holders are not eligible for a hardship license to drive commercially during a disqualification period.

Does refusing a breath test count as a criminal offense?
A first refusal is usually handled as an administrative offense. However, if you previously refused a breath test, a second refusal can result in a first-degree misdemeanor under Florida Statutes § 316.1939.

Can I fight my CDL disqualification after refusing a breath test?
Yes. You have 10 days to request a formal review hearing with the DHSMV. If successful, you may avoid suspension and CDL disqualification. Additionally, a skilled attorney can challenge the refusal in court.

What if I refused the test because I have a medical condition?
Certain medical conditions, such as respiratory issues or anxiety disorders, may prevent a person from providing a breath sample. If this applies to your case, it may be used as a defense.

Can I lose my job for refusing a breath test?
Yes. Many trucking companies have strict policies that prohibit hiring drivers with a breath test refusal or CDL disqualification. Even if you were not convicted of DUI, losing your CDL can make it difficult to continue working as a commercial driver.

What should I do immediately after refusing a breath test?
You should act quickly to protect your CDL. The most important step is to request a formal review hearing within 10 days and consult an attorney who handles CDL defense cases.

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.