A commercial driver with a blood alcohol concentration of 0.04 or above can be arrested for Driving Under The Influence (DUI). This limit is much lower than the alcohol limit, which exists for an ordinary driver of a personal vehicle at 0.08. Florida Highway Safety and Motor Vehicles (FHSMV) will suspend a driver’s Commercial Driver’s License (CDL) for a minimum of one year if they are convicted with DUI. Although, this suspension could be as long as three years if it is found that the driver was transporting hazardous substances at the time of their arrest.
As well as losing their CDL, a driver will likely face additional penalties such as incarceration, fines, additional license suspensions, and much more. A commercial driver who is charged with DUI will lose their CDL, and this can have major consequences for them. They risk losing their employment, and because a DUI arrest will remain on a driver’s record for 75 years in Florida, a charge will likely hinder future employment opportunities driving commercial vehicles.
If you have been arrested with DUI as a commercial driver, contact The Law Place in Florida as soon as possible. Our law firm has experienced lawyers who may be able to help you get the charge dropped. If you have any further questions or queries, contact our law firm today for a free consultation. One of our lawyers will be able to answer any questions you may have and give you all the legal guidance you may be seeking. Our phone lines are open 24 hours a day, seven days a week. Don’t hesitate to call The Law Place in Florida today on (941) 444-4444.
DUI with a CDL: Understanding License Suspension Duration
For commercial drivers holding a Commercial Driver’s License (CDL), being charged with a DUI (Driving Under the Influence) can have particularly severe consequences, especially regarding the suspension of their CDL. The article “How Long Will I Lose My CDL for a DUI?” aims to provide clarity on this critical issue.
- Severity of DUI Penalties for CDL Holders – CDL holders are held to higher standards compared to regular drivers. The legal blood alcohol content (BAC) limit for commercial drivers is typically lower than for other drivers. Therefore, a DUI can lead to more severe penalties, including longer license suspension periods.
- Duration of CDL Suspension for DUI – The duration of CDL suspension for a DUI largely depends on the state’s laws and the specific circumstances of the offense. Generally, for a first DUI offense, CDL holders can face a suspension of their commercial driving privileges for one year. This suspension is mandated by federal regulations and is applied across all states.
- Enhanced Penalties for Specific Circumstances – The suspension period can be extended if the DUI involved certain aggravating factors. For instance, if the DUI occurred while transporting hazardous materials, the CDL suspension could be extended up to three years.
- Impact of Multiple DUI Offenses – For CDL holders with multiple DUI offenses, the consequences are even more severe. A second DUI conviction can lead to a lifetime disqualification of commercial driving privileges, effectively ending a professional driving career.
- Reinstating a CDL After DUI Suspension – Reinstating a CDL after a suspension due to a DUI involves meeting specific criteria set by the state. This often includes completing a substance abuse assessment and treatment program, paying reinstatement fees, and possibly retaking CDL exams. The process can be lengthy and challenging.
- Importance of Legal Representation – Given the significant impact of a DUI on a commercial driving career, seeking legal representation is crucial. An experienced DUI lawyer can help navigate the legal system, advise on potential defense strategies, and work towards minimizing the impact of the DUI on the driver’s CDL status.
- Preventive Measures and Education – CDL holders are encouraged to engage in preventive measures and education programs to understand the risks of DUI and how to avoid them. Being well-informed about the law and actively avoiding situations that could lead to a DUI are key to maintaining a clean driving record and protecting one’s professional livelihood.
A DUI with a CDL can result in significant professional setbacks due to the stringent regulations governing commercial drivers. Understanding the potential duration of CDL suspension and the steps involved in reinstatement is crucial for any commercial driver facing a DUI charge.
Can I Get My CDL Back After Two DUI Charges?
If you have been convicted with Driving Under the Influence for a second time while operating a commercial vehicle, you will face a lifetime suspension of your CDL. Losing your CDL for life can have major implications for a commercial driver’s life. They will never be allowed to drive vehicles commercially again, forcing them to seek employment elsewhere.
It is critically important that if you have been arrested with DUI for a second time that you seek legal help immediately to avoid losing your CDL forever. There are ways that an experienced Tampa DUI lawyer can help you get the charge reduced or dropped.
We advise against self-representation in this situation. This is because the DUI laws in Florida are extremely complex. The risk of losing your license forever is so great that it is not worth the risk. For the best chance of keeping hold of your license, seek the legal representation of a skilled lawyer.
If you have any further questions or have been arrested with DUI for a second time, contact The Law Place in Florida today for a free consultation. One of our Tampa criminal defense lawyers will be able to give you all the help and guidance you may be seeking.
What Happens If a Truck Driver Gets a DUI?
If a commercial driver of a truck gets arrested for driving under the influence (DUI), there are many possible penalties that the commercial motor vehicle driver could face. The penalties that a truck driver could face after being charged with DUI will depend on the circumstances of their arrest. When a truck driver gets arrested, some of the implications that they will likely encounter with their commercial driver’s license (CDL) include the following:
- Having their CDL disqualified for one year.
- Having their CDL disqualified for three years if it found that the truck driver was transporting hazardous substances at the time of the arrest.
Some of the other implications that commercial drivers of trucks will face if they are arrested for DUI include:
- A fine worth up to $1,000.
- Six months of jail time.
- A permanent criminal record.
- Community service.
- A requirement to complete an alcohol and treatment evaluation program.
Not only this, but receiving a DUI whilst driving a commercial vehicle can have a major impact on the livelihood of the truck driver. At The Law Place, we strongly advise you to avoid receiving a DUI if you are a truck driver and drive a commercial vehicle. You will lose much more than just your CDL. Commercial drivers who are convicted with DUI will struggle to find future work as a truck driver and potentially go long periods before they can earn a living driving again.
There are major implications for truck drivers who are convicted of DUI. If you have any further questions or have been arrested with DUI, contact The Law Place today. One of our experienced lawyers will be able to answer any questions you may have in a free consultation.
What Can Cause You to Lose Your CDL?
You can lose your CDL in Florida for the following reasons:
- If you violate Florida Statute 316.193 and have an alcohol level of 0.08 or higher whilst driving a non-commercial or personal vehicle.
- If you own a CDL and are found driving some form of a commercial vehicle with a blood or breath alcohol level of or above 0.04.
If you are a commercial driver, possessing a CDL is crucial for your livelihood. It can be so easy to get your CDL taken away from you, and you can risk losing it for a long period. Usually, they are disqualified from driving for one year.
How Long Will I Lose My CDL for a DUI? FAQ
How long is the CDL suspension period for a first-time DUI conviction?
For a first-time DUI (Driving Under the Influence) conviction, CDL holders typically face an active driver’s license suspension of one year. This is a standard suspension period for commercial driving privileges under DUI offenses.
Does a DUI affect both my commercial and regular driving license?
Yes, a DUI conviction usually results in the suspension of both your commercial and regular driving licenses. As a CDL holder, any DUI offense can lead to the loss of commercial driving privileges alongside your regular driver’s license.
What happens to my CDL after a DUI if I carry hazardous materials?
If a CDL holder with a DUI was carrying hazardous materials at the time of the offense, the suspension period can be extended. Typically, the suspension for such cases can be as long as three years.
Can I obtain restricted driving privileges after a DUI as a CDL holder?
Obtaining restricted driving privileges after a DUI can be more challenging for CDL holders compared to regular drivers. The availability of such privileges varies by state, and often they do not apply to commercial driving.
How does a second DUI conviction affect my CDL?
A second DUI conviction can have more severe consequences for CDL holders. It usually results in a lifetime disqualification from holding a CDL, effectively ending a professional driving career.
Will I need to retake the CDL test after the suspension period ends?
After the suspension period ends, CDL holders may be required to retake the CDL test, including the skills test, to reinstate their commercial driving privileges. This requirement varies by state and the specifics of the DUI offense.
What impact does drunk driving have on future commercial driving opportunities?
Drunk driving can significantly impact future commercial driving opportunities. A DUI conviction can make it difficult to find employment in driving professions, as many companies have strict policies against hiring drivers with DUI records.
Are there additional penalties for CDL holders after a DUI?
In addition to license suspension, CDL holders may face additional penalties after a DUI conviction, such as fines, mandatory alcohol education programs, or jail time, depending on the state and severity of the offense.
How can I reinstate my CDL after a DUI?
To reinstate your CDL after a DUI, you will need to complete the active driver’s license suspension period, fulfill any state-specific reinstatement requirements, pay necessary fees, and potentially retake the CDL test.
Is the DUI suspension period different if the DUI occurred in a personal vehicle?
The DUI suspension period for CDL holders is generally the same whether the DUI occurred in a commercial or personal vehicle. The key factor is the DUI conviction itself, which affects commercial driving privileges regardless of where the offense took place.
Call The Law Place For a Free Consultation
If you are a commercial driver and are at risk of losing your CDL, contact The Law Place in Florida today. Our skilled lawyers will be able to use their legal experience to evaluate your case for any possible options you have to avoid losing your license. Don’t hesitate to contact us if you have any further questions or queries for a free consultation. Call us today at (941) 444-44444.