Driving Under the Influence (DUI) is an offense under the law in the state of Florida. In Florida, a person could get a DUI conviction if they are found to be under the influence or have a blood alcohol concentration of 0.08% or more. You can be given a DUI conviction if you are found to be under the influence of either alcohol or drugs. The law in the state of Florida is harsh on driving under the influence, as it is an incredibly dangerous offense.
Despite this, if you are charged with driving under the influence, you may still be able to get your Commercial Driver’s License (CDL). You will be able to obtain a CDL even if you have a DUI already on your driving record.
However, you may be able to get a CDL, but you will likely struggle to find an employer who would want to give you a driving job as a commercial driver with a DUI on your driving record. Most employers will actively try and give their truck driving job to an applicant with a clean record. Nevertheless, some companies will still hire you despite having a DUI on your record. However, this is more likely if the DUI occurred years ago. The newer the DUI is on your record, the tougher it will be to find work truck driving.
If you are thinking of gaining your Commercial Driver’s License, we would advise that you avoid being arrested for DUI in your own personal vehicle. The consequences of receiving a DUI are extremely harsh and can have massive implications for the rest of your life.
If you have any further questions concerning whether you can get your CDL with a DUI on your driving record, contact The Law Place today. Our law firm in Florida has over 75 years of combined experience dealing with DUI cases. One of our lawyers may be able to give you all the help and advice that you may be looking for.
Furthermore, if you believe you have been falsely charged with DUI, contact us today at The Law Place for a free consultation. One of our defense lawyers will be able to honestly give you unbiased advice on what your best legal options are. Don’t hesitate to call us today at (941) 444-4444.
What Is DUI?
Driving Under the Influence (DUI) is a criminal offense in Florida. Every state across the country is steadily increasing the penalties for DUI offenders, with many states now requiring the person penalized to serve jail time. In the state of Florida, the penalties a person will receive for a DUI will very much depend on the details of their case. Nevertheless, it is crucially important that if you or someone you know has been charged with DUI that you seek the help of a skilled defense lawyer immediately as the penalties can be life-altering.
The Florida State Statute 316.193 sets out the guidelines for DUI charges. In Florida, if you are arrested for DUI for the first time, the very worst sentence you will likely receive is six months of jail time. Although, if your blood alcohol concentration was above 0.15% after taking a breathalyzer test or if you had a minor in the vehicle at the time of your DUI arrest, you could face up to nine months of jail time.
If it is your first DUI offense, it is possible to avoid jail time. If you have a clean criminal record at the time of your DUI arrest, you will likely face a fine of up to $1,000, a driver’s license suspension, probation, sentenced to community service, and/ or permitted to attend drug and alcohol programs.
The legal system in Florida will only give a person accused of DUI ten days after their arrest to save their driver’s license. As soon as you have been arrested for DUI, your license will be suspended, but a lawyer will be able to advise you on how you may be able to get your license back.
If you have any further questions concerning DUI’s, contact The Law Place today. One of our lawyers will be able to answer your questions and give you the legal guidance you may be seeking.
How Long Until You Get a CDL After a DUI?
Commercial drivers who are charged with DUI will automatically get their Commercial Drivers License (CDL) removed. This will immediately prevent a driver from being able to drive commercial vehicles or get a hardship license.
If you have been charged with DUI while driving a commercial vehicle, you will have to wait until your disqualification period passes before you can have your CDL back. Not only this, but you will have to pay an additional disqualification reinstatement fee for your CDL.
The disqualification period a person will face from their CDL will very much depend on the circumstances of their DUI arrest. Although, if the commercial vehicle was transporting hazardous substances at the time of the arrest, the disqualification period will last for at least three years.
If you, or someone you know, have recently been charged with DUI, contact a lawyer at The Law Place today. We may be able to get your charge dismissed or reduced so that you may be able to hold on to your license. We have over 75 years of combined experience and may be able to help you fight your case if you are facing extreme penalties for a DUI charge. We are available 24 hours a day, seven days a week, and you can call us at (941) 444-4444.
What Is a Commercial DUI?
A driver of a commercial vehicle can face a DUI if their alcohol levels are 0.04 or above. Florida defines a commercial vehicle as one of the following:
- Has a load over 26,000 pounds and has a declared maximum weight for the purposes of registration.
- Vehicles designed to transport 14 or more people and a driver.
- Vehicles that are transporting hazardous substances and are placard.
- Vehicles that have a “gross vehicle weight rating” of 26,000 pounds or more.
What Is the Alcohol Limit for Drivers?
In the State of Florida, there are different alcohol limits for different drivers. The statutory presumptions of impairment that are applied to blood and alcohol test results of drivers in their personal vehicles do not apply commercial vehicle offenses. Nevertheless, it can still be possible for a prosecutor to bring a prosecution for DUI still under Florida Statute 316.193. This is regardless of whether a commercial driver was even driving or in physical control of their commercial vehicle.
Commercial drivers could face harsh penalties if they are found to be driving a commercial vehicle or in control of a commercial vehicle with alcohol in their system. The Florida Statute Section 322.62 outlines that commercial drivers would face penalties if they have any amount of alcohol in their system; for example, they could face traffic infractions. However, if test results discover that the commercial driver’s blood alcohol or breath alcohol concentration is above .04 or higher, they will have to face much tougher penalties. They could get their license suspended or even be forced to serve jail time.
Unlike regular drivers with an alcohol limit of 0.08, commercial drivers are not allowed to be in the operation of a commercial vehicle with an alcohol limit of 0.04. This may seem harsh, but considering the size of these vehicles and the potentially dangerous substances they carry, if they were to cause an accident as a result of driving under the influence, the damage caused could be catastrophic.
If you have any further questions concerning the alcohol limit for drivers on the road in Florida, or you believe you have been falsely charged with DUI, contact The Law Place today. Our legal team will do our very best to ensure that you get all the answers and guidance you may be looking for.
What Happens If You Get a DUI in a Commercial Vehicle?
If you are driving a commercial vehicle and are arrested with DUI, there are many possible penalties that you may face. The penalties you face will very much depend on the circumstances of your arrest. If you are convicted, some of the implications you could face to your CDL are:
- Having your CDL disqualified for one year.
- Having your CDL disqualified for three years if you were found to be carrying hazardous substances in your commercial vehicle at the time of the arrest.
Other penalties you may face as a result of your DUI arrest could be:
- A fine of up to $1,000.
- Serve up to six months of jail time.
- A permanent criminal record.
- Community service.
- A requirement to complete an alcohol and drug evaluation and treatment program.
Losing your CDL can have a major impact on your livelihood. We, therefore, advise that if you have a CDL and work as a driver of a commercial truck that you avoid getting behind the wheel with any alcohol in your system. Being arrested for DUI whilst driving a commercial vehicle can cost you more than the criminal penalties. You will likely lose your license and job and struggle to find further work using your CDL in the future because of a mistake you made years ago.
How Can I Get My CDL Disqualified?
You will have your CDL disqualified in Florida for the following reasons:
- If you drive a commercial vehicle and violate the Florida Statute 316.193 and have an alcohol level of 0.08 or higher whilst operating a non-commercial vehicle.
- If you hold a CDL and are driving a commercial vehicle and are found to have an alcohol level above 0.04.
Your CDL may be your livelihood, and it can be so easy to have your CDL taken away from you. We recommend that you never drive with alcohol in your system to avoid losing your CDL.
How Can I Protect My CDL?
The first thing you should do if you have been charged with a DUI is to seek the help of a defense attorney. They may be able to get your charge reduced to a non-drinking one. This could, therefore, allow you to hold on to your CDL. The best chance you have of maintaining your CDL after a DUI arrest is if you have a reputable defense lawyer on your side. The lawyers at The Law Place will work as hard as they can to ensure that you can keep your CDL.
Call The Law Place
If you have any further questions about what happens if a driver is arrested for DUI whilst driving a commercial vehicle, contact The Law Place today. We can also help you if you have recently been charged with DUI. Our experienced DUI lawyers have an immense about of knowledge concerning the legal process surround DUI arrests so they will be able to give you all the answers and advice you need.
Contact us today for a free consultation. We are available 24 hours a day, seven days a week. Call us at (941) 444-4444.