Pumphrey Law Criminal Defense Florida DUI Commercial Motor Vehicle DUI

Attorney for "Commercial" DUI in Tallahassee, FL

It’s important to address that any DUI charge comes with serious criminal penalties. However, a drunk driving incident by a driver with a commercial driver’s license (CDL) or a DUI that occurs in a commercial motor vehicle (CMV) can come with additional penalties and disqualifications. A DUI defense attorney can help you fight to keep your job and license.

When the holder of a CDL gets arrested for DUI or other alcohol or drug-related offenses, there are certain consequences that can immediately occur. It is imperative that you know your rights and how to protect yourself from a conviction. A commercial DUI attorney at Pumphrey Law can help represent your case and establish potential defense strategies.

Attorney for “Commercial” DUI in Tallahassee, FL

The attorneys at Pumphrey Law have years of experience defending clients facing DUI charges, including those who are operating commercial vehicles. We understand that maintaining your driving privileges and CDL license is important. Our goal is to help you continue work in your chosen profession. The team of dedicated attorneys at Pumphrey Law will work to get the best possible outcome for your case.

Contact an attorney experienced in representing drivers with commercial driver’s licenses (the “CDL holder”). Pumphrey Law’s criminal defense firm represents clients in Tallahassee in Leon County and throughout the Big Bend region of North Florida including Crawfordville in Wakulla County, Monticello in Jefferson County, Quincy in Gadsden County and Bristol in Liberty County. Call (850) 681-7777 to schedule a free case evaluation.

Information Center for Commercial DUI Charges

• Definition and Requirements for a Commercial Vehicle License
• Commercial Driver DUI in Florida
• Penalties for Commercial DUI in Florida
• Alcohol-Related Disqualifications for Commercial Motor Vehicles
• Florida DUI FAQ

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Definition and Requirements for a Commercial Vehicle License

People often associate commercial vehicles only with 18-wheelers. However, the term “commercial vehicle” can include a variety of different motor vehicles. Florida Statute Section 322.01 defines a commercial motor vehicle (CMV) for driver license purposes as any motor vehicle or vehicle combination used on streets and highways that meet the following qualifications:

• Has a gross weight rating of 26,001lbs or more;
• Is designed to transport more than 15 people, including the driver; and/or
• Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.

Depending on the type of commercial vehicle you plan to drive and the weight of that vehicle, the driver will be required to either obtain a Class A, Class B, or Class C commercial driver’s license (CDL). The standard requirements for each type of commercial license include that the driver must be at least 18 years-old, obtain an Operator’s license, pass vision requirements, and pass a test for the knowledge and skill of operating such vehicle. Important: As of February 7, 2022, the Federal Motor Carrier Administration (FMCSA) began requiring the completion of Entry Level Driver Training (ELDT) for entry level commercial drivers. You can read more information on the entry level training requirements here.

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Commercial Driver DUI in Florida

Florida Statute Section 322.62 states it is unlawful for a person to be driving or in actual physical control of a commercial vehicle while under the influence of drugs or alcohol.

A valid CDL holder can be charged with Commercial DUI if they are found to have a blood-alcohol level (BAC) of .04 or more at the time of suspected DUI arrest. This is significant in comparison to a standard DUI case since it is half the legal limit of a driver in a personal automobile.

When it comes to suspected DUI cases, Florida is an implied consent state. This means that by agreeing to the driving privileges within the State, the driver shall consent to a chemical test if they are lawfully arrested for a DUI. The implied consent law also applies to commercial vehicle drivers, even if they are not registered in Florida.

The arresting officers can request the commercial driver submit to a chemical test if he or she has reason to believe the driver is impaired. A breath test may be administered to gauge the driver’s BAC if the officer suspects alcohol use. The officer could also request a DUI urine test or a DUI blood test if he or she suspects drug impairment.

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Penalties for Commercial DUI in Florida

A commercial motor vehicle operator who is arrested for DUI is guilty of a moving violation.

With this offense, the most profound consequences for a Commercial DUI are related to the job. Florida Statute Section 322.62(2)(a) explains that if you are arrested for DUI while operating a commercial vehicle, you automatically are required to adhere to a 24-hour out-of-service period. That means you cannot operate your vehicle, which could have repercussions for your employer.

Under Florida Statute Section 322.61, a person can face the disqualification of operating a CMV for offenses occurring within a 3-year period, as follows:

• Two serious traffic violations: Disqualification period for 60 days
• Three serious traffic violations: Disqualification period for 120 days

Any person operating a commercial vehicle or a person with a CDL license operating a non-commercial vehicle will be disqualified from operating a CMV for a period of one year for any of the following offenses:

1. Driving a motor vehicle while under the influence of alcohol or controlled substances;
2. Driving a CMV with while their alcohol concentration of their breath, blood, or urine is .04 or higher;
3. Leaving the scene of an accident involving;
4. Using a motor vehicle in the commission of a felony;
5. Refusing to submit to a chemical DUI test;
6. Driving a CMV after prior violations have caused the CDL license to become suspended, revoked, canceled, or if they were already disqualified from operating a CMV; or
7. Causing a death through the negligent operations of the CMV.

If the person accused of Commercial DUI was transporting hazardous materials at the time of the alleged offense, they shall be disqualified from operating a CMV for a period of three (3) years.

A defendant who is accused of two violations from the above section while operating a commercial vehicle faces the potential of being permanently disqualified from operating a CMV.

Important: The penalties listed above would be in addition to any penalties for a DUI. A CDL holder or person driving a CMV who is alleged to be drunk driving is subject to face the penalties that come with a standard DUI.

The potential sentencing for a driver who has been convicted of a first DUI comes with up to six months in jail, and fines of up to $500. This can also include an administrative license suspension (of a standard driver’s license) for up to 18 months. Find out more about the penalties for standard DUI offenses on our page here.

Second or subsequent convictions for the above-referenced Commercial DUI situations can result in a permanent disqualification from driving a commercial motor vehicle. Furthermore, Florida law does not provide for any hardship, business purpose only, or employment purpose only driver’s license to operate a commercial motor vehicle. The disqualification acts as a ban on driving a commercial vehicle for any reason during the entire period of disqualification.

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Finding a DUI Attorney for a CDL Driver in Tallahassee, FL

Commercial drivers who are arrested for DUI or other alcohol-related or drug-related offenses should contact a Tallahassee DUI attorney at Pumphrey Law to find out how to best protect their commercial driver’s license. It is imperative that you understand the various penalties you can face for a Commercial DUI conviction. Not only will you have to face statutory fines and sentencing for a standard DUI, but you can also face disqualification periods where you cannot drive or operate a CMV. If your line of work requires you to operate a CMV, having your CDL license suspended or revoked can seriously impact your quality of life.

To prevent the lengthy list of consequences that can come with a criminal conviction for Commercial DUI, consider hiring a North Florida defense team. The lawyers with Pumphrey Law have a deep understanding of Florida’s DUI laws and how prosecutors will attempt to convict you. We can provide you with defense strategies after reviewing your case details during a free consultation. Contact the law office of Pumphrey Law today by calling (850) 681-7777 or fill out our online form.

Page Updated March 19, 2024