A Florida DUI Defense Attorney’s Guide to CDL DUI Penalties, Defenses, and License Protection

When commercial drivers face DUI charges in Florida, the stakes are far higher than for the average motorist. I’ve represented clients across the state who drive for a living—truckers, bus drivers, delivery drivers—and one mistake or accusation can mean the loss of a livelihood, not just a license. Prosecutors know what’s at stake for commercial drivers and often push for the harshest penalties. My job is to fight back with a strategy focused on dismissal, license protection, or reduced charges.

Whether you're based in Tampa or passing through Fort Lauderdale when it happened, the consequences under Florida law are severe. But so are the legal defenses available, if your case is handled the right way, right away.

Florida DUI Law and CDL-Specific Penalties

Under Florida Statutes § 322.61, a commercial driver can be disqualified from operating a commercial motor vehicle for a DUI conviction even if the incident happened in a personal vehicle. That’s on top of the penalties outlined in § 316.193, Florida’s main DUI law. The legal blood alcohol limit for a CDL holder while driving a commercial vehicle is just 0.04—half the 0.08 limit for regular drivers.

Here’s the statute that lays it out:

Florida Statute § 322.61(3):
A person who is convicted of driving under the influence under s. 316.193 shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 1 year for a first offense, and lifetime disqualification for a second.

It doesn’t matter if you were in a personal vehicle or on your day off. A DUI arrest still triggers CDL penalties.

What’s at Risk for a CDL Holder

If you're a commercial driver arrested for DUI in Florida, you’re immediately facing:

  • A 1-year disqualification of your commercial driving privileges (first offense)

  • A possible lifetime ban for a second offense

  • Immediate license suspension under Florida's administrative rules

  • Loss of income, contracts, or employment—many companies won’t wait for a trial to let someone go

  • Mandatory DUI penalties including fines, jail, probation, DUI school, ignition interlock, and community service

Even without a conviction, a DUI arrest can set off a chain reaction. I’ve had clients suspended by their employer simply because of the allegation. That’s why early intervention is critical.

Why You Need a Florida DUI Defense Attorney

When you’re facing these kinds of charges, every decision matters. If you're relying on a public defender or trying to plead your case alone, you're not going to get the kind of legal strategy needed to protect your commercial license. These cases demand personalized attention. I dig into the details—dashcam footage, blood test procedures, stop legality, breath machine calibration logs, and even law enforcement officer credibility.

Without a private DUI attorney, there’s a good chance your license will be gone before you even get to trial.

Common Defenses to CDL DUI Charges

I tailor my defenses to each client’s facts, but some legal issues come up again and again. The most effective defenses often involve procedural violations, faulty equipment, or flawed observations.

1. Unlawful Traffic Stop

If the initial traffic stop was not supported by probable cause or a valid traffic violation, I may be able to suppress all resulting evidence.

2. Inaccurate Breath or Blood Testing

Florida’s breath testing machines must be regularly calibrated and maintained. I’ve challenged DUI charges based on broken mouth alcohol detectors, faulty calibration logs, or improper administration.

3. No Physical Control

In some cases, my clients weren’t even driving the vehicle or had pulled over voluntarily to sleep it off. Under § 316.193, the prosecution must prove actual physical control of the vehicle.

4. Refusal Defenses

If you refused the breath test, the state may attempt to use that refusal against you. But I’ve suppressed refusal evidence based on bad warnings or illegal demands.

5. Medical Conditions or Diets

Certain medical issues or diets can trigger false positives in DUI tests. Ketosis, GERD, or diabetes can mimic alcohol indicators. I work with medical professionals to build a strong defense.

Real Case: CDL Driver Stopped in Miami, Saved From License Disqualification

One of my clients, a long-haul trucker from Georgia, was arrested for DUI in Miami after being pulled over for “weaving” in light traffic. He blew a 0.045 on the roadside unit—barely over the CDL limit of 0.04. He was off-duty and driving a rental car, not his truck. His company put him on unpaid leave immediately.

I obtained calibration records and found the breathalyzer had a maintenance gap. I also subpoenaed dashcam footage that showed no visible weaving, contradicting the officer's report. I filed a motion to suppress the breath results and the stop itself.

The judge ruled in our favor on both. The state dropped the DUI charge, and my client kept his CDL and returned to work two weeks later.

That result wasn’t luck. It was the result of pressure, strategy, and knowing where to find weaknesses in the prosecution’s case.

Administrative License Suspensions for CDL DUI

Florida has a separate administrative process for suspending licenses after a DUI arrest. Under § 322.2615, the DHSMV can suspend your driving privileges even before you appear in court. For commercial drivers, that means both your regular license and your CDL are in immediate danger.

You only have 10 days to request a formal review hearing. This is where I begin your defense—subpoenaing officers, inspecting test results, and challenging the basis of the arrest. If we win at this stage, we can stop the suspension before it takes effect.

Even if we lose the administrative hearing, it gives me early access to the evidence and officer testimony that I can use later in your criminal case.

The CDL Lifetime Ban Is Real—and Avoidable

Florida law imposes a lifetime CDL disqualification for a second DUI conviction. That doesn’t mean a second Florida DUI. It means a second DUI offense anywhere, even from another state. Many truckers I’ve worked with had old cases from 15 years ago, not realizing another DUI would end their career.

There are ways to prevent that outcome:

  • Get the current charge reduced to a non-DUI offense, such as reckless driving

  • Win the case outright through suppression or trial

  • Present mitigating factors to the prosecutor during negotiations

I’ve saved clients from lifetime CDL bans using all of the above. But the window for action closes fast after an arrest.

Additional Florida Statutes That Apply to CDL DUIs

  • § 322.64 – Allows for immediate disqualification of CDL privileges upon arrest, even before trial

  • § 316.193(2)(a) – Sets mandatory penalties including fines, jail, and DUI school

  • § 316.1932 – Governs implied consent and breath/blood/urine testing rules

  • § 322.2616 – Applies to administrative suspension for drivers under 21, which can also impact a CDL

Every one of these statutes can play a role in your defense. I interpret them in light of your personal driving record, employment status, and case facts to build a targeted plan.

Why Commercial Drivers Trust Me to Handle DUI Cases

I work with professional drivers all across Florida, and I understand what’s at stake. This isn’t about points on a license, it’s about whether someone can put food on the table. When I take on a CDL DUI case, I treat it like the career-ending crisis it is.

You need someone who will answer the phone, challenge the evidence, and fight for your driving future. That’s what I do.

Florida CDL DUI Charge FAQs

What’s the blood alcohol limit for commercial drivers in Florida?
If you're driving a commercial vehicle, Florida law sets the legal limit at 0.04 BAC. If you're off-duty and in a regular vehicle, the standard 0.08 BAC applies. However, a DUI conviction in either context can result in the suspension or revocation of your commercial license. That’s why every DUI arrest for a CDL holder needs to be fought as if your entire livelihood depends on it—because it does.

Can I get a hardship license for my CDL after a DUI arrest?
No. Florida law does not allow hardship reinstatements for CDL privileges. You may be eligible for a hardship license to drive a personal vehicle, but once your CDL is suspended or disqualified, there is no restricted-use version available. This is another reason why commercial drivers must act fast and work with a private DUI defense attorney to try to avoid any suspension or conviction.

What happens if I refuse the breathalyzer test?
A refusal will result in an automatic 1-year disqualification of your CDL, even if you later beat the DUI charge in court. It also carries its own set of criminal penalties. That said, I’ve successfully challenged breath test refusals based on improper instructions, invalid stops, or coercive officer conduct. Don't assume the refusal ends your case. It doesn’t.

How long does a DUI stay on a CDL record in Florida?
A DUI conviction stays on your Florida driving record for 75 years. For commercial drivers, that’s essentially permanent. Employers, insurance carriers, and state regulators will see it. However, if we can reduce the charge or win a dismissal, you may avoid those long-term consequences.

Is it possible to keep my CDL after a DUI arrest?
Yes, it is possible. I’ve helped many CDL holders beat their DUI cases or get the charges reduced to something that doesn’t trigger a disqualification. The earlier I get involved, the better your chances of protecting your license. Every aspect of your defense matters—starting with the traffic stop and extending to the field sobriety tests, the breath results, and even your personal and professional background.

Call a Florida DUI Defense Attorney Today to Protect Your CDL and Your Career

Commercial DUI charges carry unique, career-ending consequences. You need more than general legal help—you need an aggressive strategy built around saving your license, protecting your reputation, and keeping you employed.

If you hold a CDL and have been charged with DUI in Florida, there’s no time to wait.

Florida DUI Defense Attorney – Call Musca Law 24/7/365 at 1-888-484-5057

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.