Protecting Your Career With a Florida DUI Attorney Who Understands What Is at Stake
When commercial drivers come to me after a DUI arrest, they often expect there will be a safety net in place, something that allows them to keep driving while the case moves forward. I wish the law worked that way, but it does not. Florida takes a harsh position toward commercial drivers who are accused of DUI. If you hold a CDL, the State imposes consequences that are far more damaging than what a regular driver faces. A commercial driver’s entire livelihood can be pulled out from under them before the case even reaches a courtroom. That is why the focus of my representation is not simply reducing penalties but protecting the CDL from permanent damage.
There is one fact that must be understood from the start. Florida does not provide hardship privileges for commercial driving. There is no temporary CDL, no work permit, and no limited business use option for commercial vehicles. Once the CDL is disqualified, it stays disqualified unless I intervene early enough to challenge the administrative suspension, the legality of the stop, the accuracy of any testing, and the reliability of the body cam footage. If the suspension is allowed to stand, there is no administrative fix that can restore the CDL. This is the reason I tell every commercial driver the same thing. The only way to protect your CDL is to fight the case immediately.
I take these cases personally because I know what you are risking. Losing a CDL often means losing health insurance, retirement contributions, scheduled routes, and future hiring opportunities. Even large private fleets can refuse to consider an applicant for years after any DUI related CDL disqualification. This is why every detail in the case matters. If the officer stopped you without the proper legal basis, if the body cam footage shows inconsistencies, if the breath machine was not properly calibrated, or if the blood test was mishandled, those issues can form the basis of a strong defense that may preserve your driving career.
Why Commercial Drivers Face Tougher Rules Under Florida Law
Commercial drivers operate under statutes that treat them very differently from everyday motorists. A standard driver might be able to seek a hardship license shortly after a DUI suspension. A CDL holder cannot. Florida law states that any DUI suspension or refusal results in the disqualification of the CDL. For a first offense, that disqualification lasts one year. For a second offense, the CDL is lost for life. It does not matter whether the driver was in a commercial vehicle or a personal vehicle at the time. The disqualification attaches to the CDL, not the type of vehicle.
Florida law also sets a lower threshold for impairment in commercial driving situations. While a standard driver is subject to the general .08 limit, a commercial driver operating a commercial vehicle faces consequences at .04. This creates an environment where even a small margin of testing error can lead to devastating results. I have seen breath machines produce readings that are later proven unreliable after a deeper look at maintenance logs. I have also had cases where body cam footage showed my client performing far better on field sobriety tasks than the arrest report suggested.
The law gives commercial drivers very little room for error, and that is why the defense strategy must be aggressive from the start. If we can defeat the administrative suspension, we can prevent the CDL disqualification from taking effect. Once that is secured, we shift to challenging the criminal portion of the case. This two stage approach gives drivers the only viable path to protecting their CDL.
How I Challenge Unlawful Stops, Body Cam Footage, and Faulty Testing
Every commercial DUI case begins with the stop. If the traffic stop was unlawful, everything that came after becomes vulnerable to dismissal. Florida officers must have either reasonable suspicion to stop the vehicle or probable cause based on an observed violation. I examine body cam footage, dash video, radio logs, and the arrest report side by side. Many stops fall apart once the footage is reviewed. For instance, if the officer relied on a claim of weaving but the video shows normal lane position, that inconsistency can be used to suppress the evidence.
Next, I focus on field sobriety evaluations. These tests are not designed for commercial drivers, and officers sometimes make mistakes in how the instructions are given. If the officer rushed the instructions, gave conflicting directions, or failed to conduct the test on a suitable surface, the evaluations lose their reliability. Body cam footage often captures these errors clearly. I have had entire DUI cases dismissed after showing the court that the officer’s testing procedures did not follow proper protocol.
Faulty breath and blood testing can also undermine a case. Florida’s breath machines require strict maintenance logs. If those logs are incomplete or show overdue inspections, the test result may be excluded. Blood samples can be compromised by delays, improper labeling, or contamination in the chain of custody. When those issues arise, the prosecutor’s burden becomes much harder to meet.
These are not small details. They are often the difference between losing a CDL for a year or keeping your job. A private attorney with the time and resources to press these issues can build pressure on the State that often leads to reduced charges or complete dismissal.
Why the Administrative Hearing Is the Most Critical Stage for Commercial Drivers
The criminal case moves slower, but the administrative suspension begins almost immediately. A driver has only a short window to request a hearing. If that window closes, the suspension becomes automatic. For commercial drivers, that automatic suspension leads directly to CDL disqualification. There is no hardship CDL, so the administrative hearing becomes the most important stage of the case.
At the hearing, I challenge the officer’s basis for the stop, the legality of the detention, the procedures used for breath or blood testing, and whether the refusal was handled properly. This hearing often exposes weaknesses in the State’s case that the prosecutor may try to fix later. If we win the hearing, the suspension is set aside. If the suspension is set aside, the CDL remains intact while the criminal case proceeds.
This early victory can change the entire direction of a commercial DUI case. It not only preserves employment but gives us leverage when negotiating with the prosecutor.
A Real Case Example Where I Saved a Commercial Driver’s Career
A recent case involved a long haul driver who had been on the road for almost twenty years. He was stopped after an officer claimed he drifted toward the edge line. The officer’s report stated that the truck moved back and forth several times. When I obtained the body cam and dash video, a different picture emerged. The truck was holding a steady path, and the slight movement the officer described was no different from normal driving behavior on that stretch of road.
Field sobriety evaluations were performed on uneven pavement. My client was instructed to walk a line that did not exist. The video showed him doing his best, yet the officer recorded several “clues” of impairment. The breath machine then produced a reading just above the general .08 limit, even though he was not in a commercial vehicle at the time. That reading alone would have disqualified his CDL if allowed to stand.
At the administrative hearing, I argued that the stop lacked a lawful basis because the video contradicted the officer’s description. The hearing officer agreed, and the suspension was thrown out. Because the suspension never took effect, his CDL was never disqualified. When the case moved into criminal court, the prosecutor saw the same video we used in the hearing. The result was a complete dismissal.
That driver still calls me from time to time to tell me he has not missed a day of work since the case ended. Without early intervention, his CDL would have been suspended, and no hardship option would have saved him.
Why a Private Attorney Matters in Commercial DUI Cases
Commercial DUI cases require a level of attention that simply cannot be provided in high volume defense settings. A CDL case must be examined from every angle. The body cam footage must be reviewed carefully, not skimmed. The administrative deadlines must be handled immediately. The breath machine records must be obtained early. Private representation allows all of this to happen without delay.
A commercial driver carries far more at risk than a standard motorist. Losing a CDL is not a temporary inconvenience. It can end a career. A private attorney is able to push the case in ways that give you the best chance of avoiding that outcome.
Commercial DUI FAQs
Can a commercial driver get a hardship CDL after a DUI arrest
No. Florida does not offer hardship privileges for commercial driving. Once the administrative suspension takes effect, the CDL becomes disqualified. That is why I tell commercial drivers that the administrative hearing is the most important part of the case. If we prevent the suspension from taking hold, the CDL remains active during the criminal process. There is no secondary application that can restore commercial driving rights. The focus of the entire defense strategy is protecting your CDL before the State can take it away.
Does the lower .04 limit apply even if I was not in a commercial vehicle
The lower threshold applies only when you are operating a commercial vehicle. However, a standard .08 reading in your personal vehicle can still disqualify your CDL. The law treats the CDL as a privilege that exists separately from the type of vehicle involved. Even a refusal to take a breath test during a traffic stop in your personal car triggers CDL disqualification. This is why I examine every part of the stop, including body cam footage, to determine whether the officer had a lawful reason to initiate contact.
If the officer did not record the stop, can that help my case
Yes. Missing or incomplete body cam footage can become a major issue for the State. Many DUI arrests rely heavily on the officer’s description of what he or she observed. If that description cannot be confirmed because the video is unavailable or the camera was not activated at the right time, that can weaken the State’s position. It may also violate departmental policy. I have used missing footage to argue that the officer’s version of events should not be accepted without question.
What if I refused the breath test
A refusal triggers an immediate administrative suspension, and that suspension directly disqualifies your CDL. There is no hardship CDL available. However, a refusal case is often easier to challenge at the hearing because the State must show that the officer followed the refusal procedures correctly. I review the refusal affidavit, the timing of the warnings, and whether the officer made any statements that could confuse the driver. If the refusal was not handled correctly, the suspension can be overturned.
Can my CDL be saved if the DUI is reduced to a reckless driving charge
A reduction to reckless driving can help avoid long term consequences in criminal court, but it does not automatically restore a CDL if the administrative suspension has already taken effect. The administrative process and the criminal case are separate. That is why the administrative hearing is so important. If we prevent the suspension early, a reduction in criminal court may allow you to keep your CDL without interruption.
Why do commercial DUI cases need immediate action
Deadlines in CDL cases move much faster than the criminal court schedule. If we do not demand a hearing quickly, the administrative suspension becomes automatic. Once it becomes automatic, the CDL is disqualified with no hardship options available. A commercial driver does not have the luxury of waiting. Every day counts. A private attorney is able to treat these cases with the urgency they require.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.