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DUIs for Commercial Drivers
Let Our Florida DUI Lawyers Defend Your Rights
DUIs in common passenger vehicles can lead to serious consequences, such as the revocation or suspension of your license. However, if you’re a commercial vehicle driver, losing your license could mean losing your livelihood.
Why Your License Could Get Suspended
Apart from driving under the influence of alcohol, your commercial license could be suspended for:
- Driving under the influence of drugs
- Driving while in possession of a controlled substance
- Refusing to take a blood alcohol level (BAC) test
- Receiving 2 or more severe offenses within 3 years
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) administers commercial driver’s license (CDL) suspensions throughout the state. If you’re caught driving with a BAC of 0.04% or higher, you will be charged with a DUI. As a commercial driver, your income is based off of the ability to drive. This means that commercial drivers can apply for a CDL hardship license with the help of a knowledgable attorney.
How Long Can My License Be Suspended?
The duration of your suspension will be dependent on the severity of the offense. For example, driving under the influence of drugs and alcohol will get you 1 year of suspension, and you will be ineligible to apply for a hardship license. You could also face a 1-year suspension for driving while in possession of a controlled substance and for refusing to take a BAC test. If you received 2 serious offenses within 3 years, your license could be suspended for 60 days, but if you are convicted of 3 serious offenses within 3 years, that number doubles to 120 days.
As a commercial driver, you are also subject to federal regulations controlled by the Federal Motor Carrier Safety Administration (FMCSA). The FMCA could disqualify you from holding a license or for violating out-of-service orders. One of the penalties for a DUI conviction includes disqualifications and suspensions from 60 days to life, depending on the severity of the violation.
Your CDL could be suspended for a minimum of 3 years if you were also transporting hazardous materials at the time of your arrest.
Once your disqualification period is up, you will need to pay a reinstatement fee that will vary depending on the conviction.
Requesting a Hearing
If you failed a BAC test, you could seek a hearing to contest the license suspension. You will need to submit a request to the local FLHSMV Bureau for Administrative Reviews office within 5 days of your arrest. In order to get the best results in your hearing, hire an excellent Florida DUI attorney to represent you.
We Help People Throughout Florida
Losing your CDL could cost you your job. Make sure you have the best defense possible to fight your DUI charge. We have years of experience successfully fighting criminal charges. Trust us with your case.