For a commercial driver, a DUI is not only a criminal case; it is a threat to your livelihood. A single conviction can disqualify your commercial driver’s license for a year, and a second can end your commercial driving career for life. If you hold a CDL and were arrested in Tampa, a CDL DUI lawyer at Brett Metcalf, Criminal Defense Attorneys, P.A. can defend both your license and your record. Attorney Brett Metcalf is a former Hillsborough County prosecutor who understands what a DUI means for a commercial driver.
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How a DUI Puts a CDL at Risk
Commercial drivers are held to a stricter standard than other drivers. While the standard limit is .08, a CDL holder operating a commercial vehicle is over the limit at a .04 blood or breath alcohol level under Florida and federal law.
It’s important to remember that a DUI in any vehicle, including your personal car on your day off, can disqualify your CDL. The disqualification is handled through Fla. Stat. 322.61. These commercial consequences run parallel to the standard DUI penalties, the first-offense consequences that apply to any driver, and the separate administrative license suspension, which still carries its 10-day challenge deadline.
CDL Disqualification Periods in Florida
Under Florida statutes and the governing federal rules (49 C.F.R. Part 383), the exposure for a CDL holder is severe:
- A first major offense, including a DUI, disqualifies the CDL for 1 year.
- If the DUI occurred while transporting hazardous materials, the disqualification is 3 years.
- A second major offense results in a lifetime disqualification.
Unlike an ordinary license suspension, there is generally no hardship or business-purposes CDL to bridge a disqualification, so the loss is complete for its duration. That is what makes fighting the underlying DUI so important for a commercial driver.
What Happens After a CDL Holder’s DUI Arrest
Navigating a DUI arrest as a Commercial Driver’s License (CDL) holder is a fast-moving, high-stakes process. Here is the step-by-step breakdown of what happens immediately following an arrest in Hillsborough County:
After the arrest, the criminal DUI case proceeds like any other, through the Hillsborough County Court for a misdemeanor or the Circuit Court for a felony. At the same time, two license tracks are moving: the standard administrative suspension of your driving privilege, and the separate CDL disqualification. Because a conviction, or even certain resolutions, can trigger the disqualification, the strategy in the criminal case has to account for the commercial consequences from day one. We handle all of these together so a decision on one does not quietly cost you the other.
How We Defend a CDL Holder’s DUI
Protecting a CDL usually means fighting the DUI itself, because the disqualification follows the conviction.
We Challenge the Traffic Stop
Every DUI begins with a stop, and the officer needed a lawful reason for it. If the stop was not supported by reasonable suspicion, we can move to suppress everything that followed.
We Attack the Testing
Breath and blood testing must follow strict procedures, and the .04 commercial standard makes the accuracy of the reading especially important. We scrutinize the maintenance, the observation period, and the operator’s method.
We Weigh Every Resolution Against Your CDL
Some outcomes that look fine for an ordinary driver can still disqualify a CDL. We evaluate each option, including reduction to reckless driving where available, with your commercial license squarely in view.
Why Choose Brett Metcalf
When you hire Brett Metcalf, you work directly with a dedicated Tampa DUI attorney who understands that your CDL is your income. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict, and he defends these cases with both the criminal charge and the commercial disqualification in mind. He explains your options in plain language and fights aggressively to protect your ability to keep working.
Tampa CDL DUI FAQs
Will I lose my CDL after a DUI in Florida?
A DUI conviction disqualifies a CDL for 1 year for a first major offense, or 3 years if you were hauling hazardous materials. This applies even if the DUI happened in your personal vehicle.
How long is a CDL disqualified for a DUI?
A first DUI disqualifies the CDL for 1 year (3 years with hazardous materials). A second major offense results in a lifetime disqualification under Fla. Stat. 322.61.
What is the BAC limit for a commercial driver in Florida?
While operating a commercial vehicle, a CDL holder is over the limit at a .04 blood or breath alcohol level, half the .08 standard that applies to other drivers.
Can I get a hardship CDL after a DUI in Florida?
Generally no. There is no hardship or business-purposes CDL to bridge a disqualification, which is why challenging the underlying DUI is so important for a commercial driver.
Talk to a Tampa CDL DUI Lawyer Today
Your CDL is your livelihood, and protecting it starts with a strong defense to the DUI itself. Call Brett Metcalf at (813) 258-4800 for a free, confidential consultation with a Tampa DUI attorney, and let us start protecting your license and your record.
