If you have been suspected of driving under the influence (DUI) while operating a commercial motor vehicle (CMV), a conviction not only can result in possible incarceration and fines but could also have enormous ramifications on your career. The DUI laws are much stricter in Florida for drivers of commercial vehicles than the operators of traditional passenger vehicles.
Alleged offenders can lose their commercial driver’s licenses (CDLs) and potentially be unable to support themselves and their families. When it comes to DUI arrests in commercial vehicles, a criminal defense lawyer in Gainesville, FL, and Alachua County, may be able to help you achieve the most favorable outcome to your case.
After a DUI arrest, it is particularly important to retain an attorney within 10 days of your arrest so that your attorney can demand a formal review hearing to contest the administrative suspension of your driving privileges and the disqualification of your commercial driving privileges
Lawyer for a DUI in a Commercial Vehicle in Gainesville, FL
If you or a loved one is charged with a DUI while operating a commercial vehicle, it is in your best interest to work with an experienced criminal defense attorney who can fight for your rights. Call Galigani Law Firm today at (352) 375-0812 for a free consultation. We represent commercial drivers and the holders of a CDL on a variety of DUI charges including DUI with property damage.
We are experienced representing a CDL holder with a breath test, blood test, or urine test. We are also experienced representing drivers who allegedly refused to submit to a chemical test after an arrest for driving under the influence. To receive a free consultation from Galigani Law Firm, contact us at (352) 375-0812. The attorney can talk with you about the facts of your case and provide a free consultation for any pending charge.
Our experienced criminal defense attorneys represent clients in Gainesville , Alachua County, Trenton in Gilchrist County, Bronson in Levy County, Ocala in Marion County, Titusville in Union County, Starke in Bradford County, Macclenny in Baker County, Lake City in Columbia County, and many surrounding areas.
Commercial DUI Charges in Florida
A Commercial Vehicle DUI applies to anyone with a CDL, such as;
- Bus drivers;
- Disabled veteran transport;
- Church transport;
- Civil servant transport;
- Paid motor transport; and
- Anyone authorized to distribute commercial licenses.
Anyone who operates a commercial vehicle while having a blood alcohol concentration (BAC) of 0.04 or more in Florida is considered intoxicated by law. In accordance with Florida Statute 322.61, if you operate a CMV while under the influence, Florida’s implied consent laws impose consequences for refusing to consent to a lawfully requested test of your breath, blood or urine.
Additionally, a commercial driver who has any alcohol in his or her body cannot drive or be in actual physical control of a commercial motor vehicle in Florida, and alleged offenders can be cited for moving violations and placed out-of-service for 24 hours for this violation of the law.
The amount of time a commercial driver’s license is revoked depends on whether he or she has been previously convicted. Refusal to submit to testing to determine an alleged offender’s BAC can also lead to a conviction and license suspension.
Consequences of Driving a Commercial Vehicle under the Influence
If you are convicted of DUI while driving a commercial vehicle while under the influence then you will be disqualified from driving a commercial motor vehicle for at least one year and you are not eligible for a hardship license. You must wait until the disqualification expires. Then you must pay a disqualification reinstatement fee to restore the commercial driver’s license.
If you were transporting hazardous materials when convicted, the disqualification will last for at least three years. If you are convicted of driving a commercial motor vehicle with an unlawful alcohol level of .04 then you will be disqualified from driving a commercial motor vehicle for at least one year and are not eligible for a hardship license.
After the disqualification expires, you must pay a disqualification reinstatement fee and reinstate the commercial driver’s license. If you were transporting hazardous materials when convicted, the disqualification is for at least three years.
Different Ways to Lose your CDL in Florida
The circumstances that can cause a disqualification of your commercial driving privileges are listed in §322.61. You will lose your CDL for at least one year after a conviction for any of the following offenses:
- Driving a CMV if your blood alcohol concentration is .04% or higher.
- Refusing to submit to a lawfully requested blood, breath or urine test.
- Driving a CMV under the influence of alcohol.
- Driving a CMV while under the influence of a controlled substance.
- Leaving the scene of an accident involving a CMV.
- Committing a felony involving the use of a CMV.
- Driving a CMV when the CDL is suspended.
- Causing a fatality through negligent operation of a CMV.
You will lose your CDL for life for a second offense.
Alcohol Recovery Resources in Gainesville, FL
Additional Penalties and Costs – Visit Florida’s DMV website to learn about additional costs that offenders are faced with such as the ignition interlock program. Find information on the effects the program will have on your car when the Ignition Interlock is installed.
Consequences of a DUI for a Commercial Driver in Florida – Visit the website of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to find frequently asked questions about what happens to a commercial driver license after a conviction for driving under the influence or driving with an unlawful alcohol level (.10 and .08).
Commercial DUI Attorney in Gainesville, Florida
If you were arrested for DUI while driving a commercial vehicle, then you are facing an administrative suspension of your driver’s license and a disqualification of your commercial driving privileges. You will also face a court-ordered suspension if you are convicted of DUI in the criminal case in front of the judge.
Call us to find out more about how we protect a commercial driver or CDL holder after an accusation of driving under the influence of drugs or alcohol or refusing to submit to a chemical test. We also represent drivers of a commercial motor vehicle (CMV) charged with leaving the scene of a crash involving a CMV, committing a felony involving the use of a CMV, and driving a CMV when the CDL is suspended.
Call for a no-cost consultation with one of our experienced criminal defense attorneys in Gainesville, FL, in Alachua County, at Galigani Law Firm. Call (352) 375-0812 today.
