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Commercial DUI (CDL) defense in Florida.

Florida applies a 0.04 limit to commercial drivers, and a DUI conviction in any vehicle can disqualify a commercial driver's license. This page explains the rules, what is at stake for a driving career, and how these cases are reviewed. Available 24 hours a day.

How does a DUI affect a CDL in Florida?

A DUI conviction disqualifies a commercial driver's license for 1 year, even if the driver was in a personal vehicle at the time. The disqualification is 3 years if hazardous materials were being transported, and a second conviction leads to lifetime disqualification.

For someone who drives for a living, those consequences can outweigh the fine or jail exposure on the criminal side. A DUI arrest or conviction can also affect employment more broadly, so a CDL case is reviewed with the commercial license in mind from the first day.

The 0.04 limit and which standard applies

Florida sets a 0.04 limit for commercial drivers, half the 0.08 limit for drivers 21 and older. Which limit applies can depend on the vehicle being driven at the time of the stop, so the details of the vehicle, the trip and the driver's status are reviewed early.

Impairment can also be alleged without any number at all. DUI can be shown by impairment of normal faculties by alcohol or a chemical or controlled substance, so the officer's observations, the roadside exercises and any video are part of the evidence too.

Administrative suspensions and refusals for commercial drivers

Every DUI arrest starts the criminal case and an administrative suspension through DHSMV, with 10 days to request a formal review hearing. A hardship or business purposes only license may be available during some suspensions, depending on the type of suspension and the driver's record, but its effect on commercial driving is a separate question to examine.

Refusal carries its own consequences. Under implied consent, a first refusal of a lawful breath test after a DUI arrest brings a one year administrative suspension, and a second brings an 18 month suspension and a first degree misdemeanor charge. How a refusal interacts with commercial privileges depends on the circumstances.

Reviewing the evidence when a career is on the line

The defense review follows the structure of any DUI, applied with extra care because of the stakes: the reason for the stop, how roadside exercises were given and scored under NHTSA standards, the Intoxilyzer 8000 records and the 20 minute observation period, or the blood collection and lab work if blood was drawn.

Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving. This is never automatic, and any proposed resolution is reviewed for its effect on the CDL before a decision is made. DUI Lawyers Shield Firm offers a free case review for commercial drivers.

Other DUI defense pages

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about commercial DUI (CDL)
Yes. Under Florida's rules, a DUI conviction disqualifies a commercial license for 1 year even when the driver was in a personal vehicle. Longer periods apply in hazardous materials situations, and a second conviction leads to lifetime disqualification. The outcome of the criminal case therefore has direct consequences for commercial driving.
Florida sets a 0.04 limit for commercial drivers, compared with 0.08 for drivers 21 and older and 0.02 for drivers under 21. Which limit applies can depend on the vehicle being driven when the stop happened. Impairment of normal faculties can also be alleged regardless of any number, so the observations and test records are reviewed together.
A hardship or business purposes only license may be available during some suspensions, depending on the type of suspension and the driver's record. Whether any restricted privilege covers commercial driving is a different question, and the answer depends on the specific suspension or disqualification involved. That is reviewed early, because the 10 day window to request a formal review hearing runs from the arrest.
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