A Florida DUI Defense Attorney Explains How to Protect Your CDL and Get Back on the Road

As a Florida DUI Defense Attorney, one of the most urgent questions I hear from commercial drivers is whether they can apply for a hardship license after a DUI arrest. When someone’s livelihood depends on a clean driving record, a DUI can feel like a career-ending event. The stakes are especially high for those holding a Commercial Driver License (CDL). The truth is, Florida law does not treat CDL holders the same as regular drivers, especially when it comes to hardship license eligibility. But there are legal options available that can protect future driving privileges—and in some cases, prevent the loss of your career entirely.

Let’s talk through what the law says, how your eligibility is determined, and why it’s critical to have a private attorney fight to reduce or dismiss the charges before things spiral beyond repair.

What Florida Law Says About DUI and CDL Disqualification

Florida Statute §322.61 outlines how DUI impacts commercial drivers. It states:

“A person who is convicted of or who enters a plea of nolo contendere to a violation of s. 316.193, or a similar law in any other jurisdiction, while operating a commercial motor vehicle, or who refuses to submit to a lawful breath, blood, or urine test while operating a commercial motor vehicle, shall be disqualified from operating a commercial motor vehicle for a period of not less than one year.”

This one-year disqualification is mandatory. It applies even for a first offense. And unlike non-commercial drivers, CDL holders cannot obtain a hardship license to drive a commercial vehicle during that disqualification period.

But here’s where things can change course: the disqualification clock only starts ticking after a conviction. If we can keep a conviction off your record or resolve the case in a way that does not trigger §322.61—you may protect your CDL entirely.

Commercial Drivers and the 10-Day Rule: Why Immediate Action Matters

Under Florida law, everyone arrested for DUI has just 10 days to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). This hearing is your first and best chance to challenge the administrative suspension of your license, and for CDL holders, it may be the only opportunity to stop the automatic disqualification from taking effect.

If you miss this deadline, the suspension becomes final and your commercial driving privileges are gone for at least one year. That’s why it’s absolutely critical to get private legal help immediately. A court-appointed lawyer will not help with the DHSMV hearing. This is something only a private attorney can step in and handle fast.

What About Hardship Licenses for CDL Drivers?

Here’s the hard truth: Florida law prohibits the issuance of a hardship license for commercial vehicle operation. That means once your CDL is disqualified, you can’t legally operate a semi-truck, bus, or other commercial vehicle—even with a hardship license.

However, if your DUI occurred while driving a personal vehicle and we can help reduce the charge to something other than DUI (such as reckless driving), you may avoid CDL disqualification altogether. In that case, it’s possible to secure a hardship license for non-commercial driving purposes under §322.271(1)(c), which allows:

“A person whose license has been suspended for a violation of s. 316.193... may, upon a showing of hardship, be issued a license restricted to employment or business purposes only.”

The key here is fighting to keep the offense off your CDL record. Every detail of the case—from how the traffic stop occurred to how the breath or blood sample was handled—matters in building your defense.

Defenses That May Apply in a Commercial DUI Case

Every DUI charge is different, but here are a few of the most effective defenses we’ve used to protect CDL holders from permanent career damage:

1. Illegal Traffic Stop:
If the stop was made without probable cause, the entire case could be thrown out. We’ve seen cases dismissed after proving the initial stop violated constitutional protections.

2. Inaccurate Breath Test Results:
Breath testing equipment must be maintained and calibrated properly. If there’s a record of error, contamination, or improper procedure, we may be able to exclude the results.

3. Medical or Dietary Conditions:
Certain medical conditions or low-carb diets can cause false positives on breath tests. These can serve as strong scientific defenses when supported by proper evidence.

4. Chain of Custody Issues:
If the blood or urine sample handling was flawed or improperly documented, we can challenge its validity in court.

5. Police Body Cam Footage Contradictions:
Sometimes the video evidence shows a very different picture from what the officer claimed. We carefully review every second of available footage to find inconsistencies.

A successful defense may result in a charge being reduced to reckless driving or even a complete dismissal. Either outcome may prevent the CDL disqualification from taking effect.

Real Case Example: CDL Driver Avoids Disqualification After DUI Arrest

One of my clients, a long-haul trucker based out of Ocala, was pulled over late at night for allegedly swerving within his lane. The officer claimed he detected alcohol and conducted field sobriety tests. My client, exhausted from a 14-hour haul, didn’t perform perfectly. He refused the breath test, and his CDL was set to be disqualified for a year.

We immediately requested the DHSMV hearing and uncovered inconsistencies in the officer’s arrest affidavit. Body cam footage showed no evidence of swerving. We also proved my client was parked and asleep when law enforcement approached him. The breath refusal was legally questionable. As a result, we were able to suppress key evidence and negotiate a reduction to careless driving.

Because there was no DUI conviction, the CDL disqualification never occurred. My client went back to work within weeks and didn’t lose his job. This outcome would not have been possible without immediate legal action and private representation.

Why You Need a Florida DUI Defense Attorney—Not a Public Defender

If you hold a commercial driver license, relying on a public defender could cost you your career. Public defenders do not handle the administrative hearings that determine whether your CDL is disqualified. They also lack the time and resources to fight every angle of your case.

A private attorney knows how to protect the parts of your license that matter most, even when the law seems stacked against you. Whether it's finding evidence to get your charges reduced, preserving your driving record, or acting fast during that 10-day window, your future deserves more than the minimum.

Related Florida DUI Statutes That Impact CDL Holders

  • §322.61: Disqualification for offenses committed while operating a commercial vehicle

  • §316.193: DUI statute, outlining penalties and conditions for license suspension

  • §322.271: Hardship licenses and eligibility conditions

  • §322.64: Administrative suspension process for DUI and refusal cases

  • §322.62: Prohibits driving a commercial vehicle with any alcohol in the system

Each of these statutes plays a role in your eligibility and defense strategy. A conviction under any of them can result in disqualification, but the right legal defense may keep that from happening.

Florida Commercial DUI and Hardship License FAQs

Can I still drive a personal vehicle if my CDL is disqualified?
If your CDL is disqualified due to a DUI, you may still be eligible for a hardship license for non-commercial driving, depending on the outcome of your case. That’s why it’s so important to fight for a reduced charge. If we can resolve the case without a DUI conviction, you may qualify for a hardship license under Florida Statute §322.271. This can allow you to drive to work, school, or other essential appointments even while your CDL remains suspended.

Does a DUI in my personal vehicle affect my commercial license?
Yes. Florida law treats a DUI the same whether it happened in a personal or commercial vehicle. The disqualification provisions under §322.61 apply regardless of the type of vehicle involved. However, if we resolve the case without a DUI conviction, your CDL may be spared. That’s why an aggressive legal defense is critical from the very beginning.

Can I apply for a hardship license to continue driving commercially?
No. Florida does not allow hardship licenses for operating commercial vehicles. Once your CDL is disqualified, you are legally prohibited from driving any commercial motor vehicle during that suspension period. The only option is to avoid the disqualification altogether by fighting the charge before a conviction is entered.

Is the one-year disqualification automatic after a DUI arrest?
Not automatically. It becomes mandatory after a conviction or breath test refusal. But if you act within 10 days of your arrest and request a DHSMV hearing, we may be able to challenge the suspension before it starts. If we can prevent the administrative suspension or reduce the charge in court, the one-year CDL disqualification may never begin.

What if this is my second DUI?
If you have a prior DUI conviction, a second offense while holding a CDL will result in a lifetime disqualification under §322.61(3). There is no hardship license, no appeal, and no restoration. For CDL holders, a second DUI is truly career-ending. That makes it even more urgent to aggressively defend a first DUI before it turns into a permanent ban.

What if I refused the breath test? Can I still save my CDL?
Refusal to submit to a breath, blood, or urine test while operating a commercial vehicle leads to automatic disqualification under §322.61. However, refusal alone does not equal a conviction. If we can challenge the legality of the traffic stop or prove the refusal was mishandled, we may still avoid disqualification. These defenses are technical and time-sensitive, which is why you need private counsel immediately.

Call Our Florida DUI Defense Attorney For Help Protecting Your CDL

If you’ve been arrested for DUI and you hold a commercial driver license, there’s no time to wait. The penalties can be permanent, even for a first offense. But with a strong defense, it may be possible to avoid the conviction, save your CDL, and preserve your livelihood.

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.