DUI in a Commercial Vehicle in Florida

---

Imagine a situation where an individual holds a Commercial Driver’s License (CDL) and faces accusations of driving under the influence (DUI). This accusation can occur while operating either a commercial vehicle or their personal non-commercial vehicle. In such a case, the CDL holder confronts both immediate administrative consequences, including suspension, and the potential court-ordered sanctions if convicted of DUI.

In Florida, there are several ways a person can incur administrative penalties or be charged with DUI while driving a Commercial Motor Vehicle (CMV). These circumstances include having a blood-alcohol level of .04 or higher, operating under the influence of alcohol or a controlled substance, refusing to undergo testing to determine alcohol concentration when driving a CMV, or being found guilty of standard DUI laws that apply to non-commercial vehicle drivers.

At The Law Office of Sean Clayton, PA, our committed team of attorneys specializes in providing robust defense for DUI cases involving commercial vehicles in Fort Lauderdale, Miami, and West Palm Beach. Our primary goal is to achieve the most favorable outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our aim is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI arrest in a commercial vehicle in Fort Lauderdale or anywhere in South Florida, you will face two distinct cases. The first is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts.

Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI in a commercial vehicle to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.

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.

Florida has specific alcohol laws that apply to commercial vehicles. Unlike the statutory presumptions of impairment based on blood or breath alcohol results for non-commercial offenses, these presumptions do not automatically apply to commercial vehicle cases. However, prosecutors can still pursue DUI charges under Florida Statute §316.193, even if the defendant was driving a commercial vehicle.

Penalties for Commercial Driver’s License (CDL) holders vary based on the circumstances. Operating or being in control of a commercial vehicle with any amount of alcohol in the system can result in a traffic infraction. If the blood or breath alcohol level exceeds .04, specific punishments are outlined by law.

According to Florida law, a commercial vehicle includes:

• Vehicles with a declared maximum weight for registration purposes exceeding 26,000 pounds
• Vehicles with a gross vehicle weight rating (GVWR) greater than 26,000 pounds
• Vehicles with a combined weight (including the load) determined by law enforcement or the state of Florida
• Vehicles designed to transport a driver and more than 14 passengers
• Vehicles required to be placarded for transporting hazardous materials.

Remember, seeking legal advice from an DUI lawyer is crucial if you’re facing DUI charges related to commercial vehicles.

When someone is convicted of DUI in a Commercial Motor Vehicle (CMV) or found in possession of a controlled substance while operating a CMV, they face additional penalties beyond those imposed in the criminal case. A first DUI conviction leads to a 12-month suspension of the driver’s eligibility to operate a commercial motor vehicle, while a second or subsequent conviction results in permanent disqualification.

For CDL holders, it’s essential to understand that the court cannot withhold adjudication, and they cannot opt for a driver improvement course instead of a court appearance to avoid conviction or points on their record. Federal law prohibits “masking” of convictions, meaning CDL holders cannot enter diversion programs that prevent convictions from being reported on their driving record, except for specific violations related to parking, vehicle weight, or vehicle defects.

Facing a DUI charge in a commercial motor vehicle is a serious matter, and severe penalties apply. Having an experienced DUI lawyer by your side is crucial. Whether you’re accused of having any alcohol in your system, exceeding the .04 threshold for CDL holders, or surpassing the legal limit of .08, a skilled DUI attorney can guide you through your case.

If you’re in the Fort Lauderdale area, including Broward County, Miami County, or Palm Beach County, consider reaching out to the Law Office of Sean Clayton, P.A. for assistance with your commercial motor vehicle DUI case.