Commercial Vehicle DUIs

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Imagine the scenario where someone with a CDL is accused of driving under the influence (DUI) in either a commercial vehicle or their personal non-commercial vehicle. In this situation, the CDL holder has to face administrative consequences that come with an immediate suspension, as well as worry about the court-ordered sanctions if they are convicted of DUI.

In Florida, there are several ways a person can face administrative penalties or be charged with DUI in a Commercial Motor Vehicle. These include having a blood-alcohol level of .04 or above, being under the influence of alcohol or a controlled substance, refusing to take a test to determine alcohol concentration when driving a commercial motor vehicle, or being convicted of any normal DUI laws that apply to non-commercial vehicle drivers.

Commercial Vehicle DUI Defense Attorney in Fort Lauderdale

If you find yourself in this situation, it is important to contact an experienced DUI lawyer in Fort Lauderdale, Miami, or Palm Beach. They can help you navigate the administrative suspension and the criminal charges you may face. Time is of the essence, as you only have ten (10) days after your arrest or notice of suspension to protect your driver's license and CDL.

Commercial Vehicle DUI Laws under Florida Statute 322.62

It's worth noting that Florida has specific alcohol laws for commercial vehicles. The statutory presumptions of impairment that apply to blood or breath alcohol results do not apply to these offenses. However, the prosecutor can still bring a DUI case under Florida Statute §316.193, even if the defendant was driving a commercial vehicle.

Penalties for CDL drivers vary depending on the circumstances. Driving or being in control of a commercial vehicle with any amount of alcohol in the body can result in a traffic infraction. If the blood or breath alcohol level is .04 or higher, there are specific punishments outlined in the law.

A commercial vehicle, according to Florida law, includes vehicles with a declared maximum weight for registration purposes of over 26,000 pounds, vehicles with a gross vehicle weight rating of more than 26,000 pounds, vehicles with a combined weight including the load as determined by a fixed or portable scale operated by law enforcement or the state of Florida, vehicles designed to transport a driver and more than 14 passengers, or vehicles required to be placarded to transport hazardous materials.

CDL Suspension for DUI

In addition to any other punishments imposed in the criminal case, a person convicted of DUI in a Commercial Motor Vehicle or in possession of a controlled substance while driving a commercial motor vehicle will face additional penalties. A first DUI conviction results in a 12-month suspension of the driver's eligibility to operate a commercial motor vehicle, while a second or subsequent conviction permanently disqualifies them.

It's important to note that for CDL holders, the court cannot withhold adjudication, and they cannot choose to attend a driver improvement course instead of a court appearance to avoid conviction or points on their record. Federal law prohibits the "masking" of convictions, meaning that CDL holders cannot enter diversion programs that prevent convictions from being reported on their driving record, except for violations of parking, vehicle weight, or vehicle defect laws.

DUI Attorney for CDL Drivers in South Florida 

When facing a DUI charge in a commercial motor vehicle, the consequences are serious. Harsh penalties apply, and it's crucial to have an experienced DUI lawyer by your side. Whether you are accused of having any alcohol in your system, being over the .04 threshold for CDL holders, or exceeding the legal limit of .08, a good DUI attorney can help you navigate your case.

If you are in the Fort Lauderdale area, including Broward County, Miami County, Palm Beach County, contact the Law Office of Sean Clayton, P.A. for assistance with your commercial motor vehicle DUI case.