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
- First Time DUI
- Second DUI
- Third DUI
- Felony DUI
- DUI Manslaughter
- DUI With Serious Bodily Injury
- Underage DUI
- DUI With Drugs
- Boating Under the Influence (BUI)
- Breathalyzer Refusal
- Field Sobriety Test Defense
- Blood Test Defense
- DUI License Suspension
- License Reinstatement
- DMV Formal Review Hearing
- Ignition Interlock Device
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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