Following an arrest for a DUI for a holder of a commercial driver's license (CDL), law enforcement must review with the accused an implied consent warning. Furthermore, an officer must also read to the accused a special implied consent warning that also applies to a vehicle operator holding a CDL.
The rules governing DUIs and CDLs are complicated where law enforcement often makes mistakes when providing a CDL holder or commercial motor vehicle operator with an explanation of the applicable rules. Given the fact that a DUI in a commercial automobile or CDL holder does not occur as often, the officer may neglect to read the accused both consent warnings.
Similar to the holder of a regular driver's license, following an arrest for a DUI and notice of disqualification and suspension, the holder of a CDL has only ten calendar days in which to request a hearing in order to challenge the fact that the accused's driving privileges have been suspended and disqualified.
Musca Law: Seasoned Florida DUI Defense Attorneys
If you are a driver of a commercial motor vehicle or the holder of a CDL, it is critical that you contact Musca Law in order to preserve your legal rights and interests. We represent commercial drivers and CDL holders in DUI matters, civil traffic violations, and traffic infraction cases throughout the State of Florida. Specifically, our skilled DUI defense lawyers can assist you in safeguarding your CDL, and livelihood as the driver of a commercial motor vehicle. Contact (888) 484-5057 to learn more about how we can help you.
Holder of a CDL Must Receive a Special Implied Consent Warning
Beyond the implied consent warning suspending a CDL requires that the officer who is making the arrest read to the accused the special implied consent warning that is applicable only to the holder of a CDL. The special implied consent warning is as follows:
- Drivers who fail to submit to a urine and/or breath test will lose their commercial driving privileges for twelve months for the initial refusal, or if there is a refusal for the second time, their privileges to drive a commercial vehicle will permanently be revoked.
- Refusing to undergo a urine or breath test when requested by law enforcement will result in such evidence being admissible in one's criminal case.
Law enforcement often errs in reading this consent warning to CDL holders and commercial drivers during an investigation for DUI. This is why you need to contact a seasoned Florida DUI defense attorney as soon as possible to preserve your legal rights and interests.
Notice of the Disqualification of a CDL in Florida
Following a DUI-related arrest, the CDL holder will receive a notice that the CDL has been disqualified pursuant to Florida Statute Section 322.64. A commercial driver or CDL holder will be notified when the individual refuses to submit to a blood, breath or urine test, and/or has a breath or blood alcohol level of 0.08% or more.
The notice will also include whether the driver is able to receive a permit as well as whether the CDL was surrendered. Unless the CDL holder is deemed ineligible for a variety of reasons, the notice will then serve as a temporary driver's license, which has an expiration date of ten calendar days following the date of the notice. The permit, however, does not allow a driver to operate a commercial vehicle.
Pursuant to the notice, the driver can request the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to review the driving privilege disqualification within ten days of the notice date. A copy of the notice, also referred to as the form number HSMV 79005, is provided to the driver, the officer's agency, as well as a DHSMV hearing officer.
Notice Provided for CDL or any Individual Pursuant to a DUI's Committed in Commercial Motor Vehicles
Pursuant to Florida Statute Section 322.64, the above-referenced notices are only provided to a vehicle operator who (i) actually was in control of a commercial motor vehicle or who chooses not to undergo a blood, breath or urine test; and (ii) holds a CDL and was actually physical controlling a non-commercial vehicle or was the operator of said vehicle with a blood or breath alcohol level of 0.08 percent or more. The notice also provides a summary of the facts and circumstances surrounding law enforcement's belief that the driver was physically controlling or operating a commercial motor vehicle after consuming a chemical substance or alcohol. The notice will also include any citations that the driver received.
A final order is ultimately issued, the notice of which is provided to the CDL holder or commercial motor vehicle driver. An accused can request an informal or formal review of his or her license disqualification. If a driver does not request a review within ten days of the date of the notice, he or she will waive the right to receive a disqualification review.
During an informal review, the accused must submit a request for such a review in writing at the location provided on the back of the notice form. As noted above, this request must be submitted within ten calendar days following the disqualification date. The request must include the accused's full name, driver license number date of birth, address, work and residence telephone numbers county where the disqualification occurred, and the date of issuance of a disqualification notice. The information review is limited to an evaluation of the materials that the accused submits as well as the evidence provided by a correctional officer or law enforcement officer.
A formal review involves the ability to be heard and present witnesses. The driver has ten calendar days to submit a request in writing following the date of the disqualification. The review request must be submitted to the location indicated on the back of the notice form. Such request must include the accused's full name, date of birth, address, driver's license number, work and residence telephone numbers, the disqualification date, and the county in which the driver's disqualification took place.
Following the formal review and based on information gathered, the hearing officer will decide using a preponderance of the evidence standard whether there is sufficient cause to amend, sustain, or invalidate the disqualification. The accused can appeal the hearing officer's decision by petitioning the court for Certiorari to the appropriate venue within thirty days following the order pursuant to Florida Statute Section 322.31.
Why Musca Law?
If you are facing a suspension of your driving privileges as a commercial motor vehicle driver or holder of a CDL, it is critical that you contact the seasoned Florida DUI defense attorneys at Musca Law as soon as possible, as there are certain deadlines, as provided above, that limit the timeframe with which to request a hearing. Call Musca Law now at (888) 484-5057 to learn more about your legal rights and options.