Commercial drivers in Tampa, FL, face serious consequences if they are charged with driving under the influence (DUI). The penalties for CDL holders are much stricter than those for regular drivers, and a DUI conviction could lead to the loss of your livelihood. Under Florida law, the legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04%, which is half the legal limit for non-commercial drivers. If you are facing a CDL suspension due to a DUI, securing experienced legal representation is crucial to protecting your future.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the complexities of Florida’s DUI laws and the impact they have on commercial drivers. Our team is dedicated to providing aggressive representation to fight your CDL suspension and minimize the penalties you may face. Call (813) 981-7005 today for a free consultation.
Florida CDL DUI Laws and Penalties
Florida Statutes §322.62 and §322.64 outline the strict rules governing commercial drivers and DUIs. If you are found to have any alcohol in your system while operating a commercial motor vehicle (CMV), you can face immediate consequences. A BAC of 0.04% or higher results in harsher penalties, including disqualification from operating a CMV.
What Are the Penalties for DUIs as a CDL Holder in Florida?
- First DUI Offense:
- Disqualification from operating a commercial vehicle for 1 year.
- Permanent disqualification for transporting hazardous materials.
- No eligibility for a hardship license during the disqualification period.
- Second DUI Offense:
- Permanent disqualification from holding a CDL, with no option for reinstatement.
- Refusing a Breath, Urine, or Blood Test:
- Automatic 1-year CDL disqualification for the first refusal.
- Permanent disqualification for a second refusal.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces these suspensions, and commercial drivers are subject to both state and federal regulations through the Federal Motor Carrier Safety Administration (FMCSA).
Will a DUI Lead to CDL Suspension in Florida?
If you are arrested for DUI while operating a commercial vehicle, law enforcement will issue a Notice of Disqualification, and your CDL may be suspended immediately. Even if you were driving a personal vehicle at the time of arrest, you can still face disqualification from operating commercial vehicles.
Common reasons for CDL suspensions due to DUI include:
- Operating a CMV with a BAC of 0.04% or higher.
- Being convicted of a DUI in a personal vehicle with a BAC of 0.08% or higher.
- Refusing to submit to a chemical test.
- Driving under the influence of controlled substances.
How Long Will My CDL Be Suspended?
The length of your suspension depends on several factors, including the severity of the offense and any prior violations. Penalties for DUI-related CDL suspensions include:
- 1-Year Suspension: First DUI offense, refusal to take a chemical test, or being found with a controlled substance.
- 3-Year Suspension: If you were transporting hazardous materials at the time of the offense.
- Permanent Disqualification: A second DUI conviction or a second refusal to submit to a chemical test.
Once the suspension period is over, reinstating your CDL requires paying reinstatement fees and fulfilling additional state-mandated requirements.
How Do I Defend Against a Florida CDL DUI Charge?
A strong legal defense is crucial when facing CDL suspension due to a DUI. At Metcalf Falls, we take a strategic approach to challenging DUI charges, with defense strategies that may include:
Challenging the Traffic Stop
Law enforcement must have a valid reason to pull you over. If the stop was conducted without probable cause, evidence obtained during the stop may be inadmissible.
Questioning Field Sobriety and Chemical Tests
Breathalyzers and field sobriety tests must be conducted correctly and under specific guidelines. If errors were made, the results could be challenged in court.
Examining Procedural Errors
If officers failed to follow proper procedures, such as informing you of your rights or the consequences of refusing a chemical test, it could impact your case.
Negotiating Reduced Charges
In some cases, an attorney may be able to negotiate for reduced charges, such as reckless driving, which may have lesser consequences for your CDL status.
The CDL Hearing Process
If you receive a CDL disqualification notice, you have the right to challenge it through an administrative hearing. You must request a formal or informal review within 10 days of receiving the notice. The hearing allows you to present evidence and contest the suspension. Our experienced attorneys can represent you at these hearings and work to overturn or reduce the disqualification.
Steps to Request a Hearing:
- Submit a Request: File a hearing request with the FLHSMV Bureau of Administrative Reviews within 10 days.
- Prepare Your Defense: Gather evidence, including witness statements, test results, and any procedural errors.
- Attend the Hearing: Present your case and challenge the suspension with the help of an attorney.
- Review Decision: The department will issue a final decision, which can be appealed if necessary.
FAQs About CDL Suspensions for DUI in Tampa
What is the BAC limit for CDL holders in Florida?
CDL holders have a lower legal BAC limit of 0.04%, compared to 0.08% for non-commercial drivers.
Can I drive a personal vehicle if my CDL is suspended?
Yes, if your CDL is suspended, you may still be eligible for a regular driver’s license to operate a personal vehicle.
How can I reinstate my CDL after a suspension?
You must complete the suspension period, pay reinstatement fees, and meet any additional requirements imposed by the FLHSMV.
Will a first-time DUI result in permanent CDL disqualification?
No, a first-time DUI typically results in a 1-year disqualification, but a second offense leads to permanent revocation.
Do I need an attorney to fight my CDL suspension?
Yes, having an experienced DUI attorney can significantly improve your chances of reducing penalties and reinstating your CDL.
Why Work With Our Tampa CDL Suspension for DUI Lawyers?
For commercial drivers in Florida, a DUI charge carries even more severe consequences than for regular drivers, especially when it comes to your Commercial Driver’s License (CDL). A DUI conviction or even an administrative suspension can lead to the loss of your CDL, which may result in the loss of your livelihood. This is why it’s critical to work with an experienced Tampa DUI lawyer like Brett Metcalf who can help you navigate the complexities of CDL DUI suspension cases and protect your driving privileges.
Brett Metcalf’s background as a former prosecutor equips him with valuable insight into the legal strategies used in DUI cases and the particular challenges CDL holders face. He understands that a CDL suspension can have devastating effects on your career and your financial well-being. Brett works diligently to challenge the suspension, explore any procedural issues that may affect your case, and seek the best possible outcome, whether that means reducing the suspension period or getting the suspension lifted altogether.
Since 2012, Brett has successfully represented Tampa residents who hold a CDL and are facing DUI charges or administrative suspensions. He is committed to helping commercial drivers protect their licenses and their ability to work. Whether it’s requesting a formal hearing, challenging the evidence, or negotiating for reduced penalties, Brett strives to secure a favorable outcome in every case.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Get Help From a Tampa CDL Suspension Lawyer Today
If you’re facing CDL suspension due to a DUI in Tampa or Hillsborough County, don’t risk your career by facing these charges alone. Our experienced DUI defense attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A. are ready to fight for you.
Call (813) 981-7005 today to schedule your free consultation and protect your livelihood.
