Florida Commercial Driver's License

Attorney for Commercial Drivers in the Tampa Bay Area

If you have a commercial driver's license, any traffic infraction can be serious under Florida law. Contact a criminal defense attorney in Tampa to discuss the impact a criminal or civil traffic infraction might have on your commercial driver's license. In many of these cases, the driver can take certain actions early in the case that may favorably impact the ultimate result. Act quickly to retain an attorney to assist you in fighting for the best possible result.

We represent commercial drivers in Tampa and Plant City for Hillsborough County, Clearwater and St. Petersburg for Pinellas County, New Port Richey and Dade City for Pasco County, Bartow for Polk County, and Bradenton in Manatee County, FL.

Convicted of driving a commercial vehicle after receiving two (2) traffic violations within 3 years.

If you are convicted of driving a commercial vehicle after receiving two (2) traffic violations within three (3) years when you are disqualified from driving a commercial motor vehicle for 60 days. After the 60 days have passed, you must pay a $60 fee to restore the commercial driver's license.

Convicted of driving a commercial vehicle after receiving three (3) traffic violations within 3 years.

If you are convicted of driving a commercial vehicle after receiving three (3) traffic violations within three (3) years when you are disqualified from driving a commercial motor vehicle for 120 days. After the 120 days have passed, you must pay a $60 fee to restore the commercial driver's license.

When a CDL Driver is Arrested for DUI

Pursuant to Florida Statute Section 322.64, a notice of commercial driver's license privilege disqualification is to be issued only to person: 

• operating a commercial motor vehicle who refuse to submit to a breath, blood or urine test authorized in Florida Statute Section 322.63 when NO citation is issued for a DUI violation under 316.193 (in other words the driver's normal faculties were not impaired and the driver did not blow over the legal limit of 0.08). Then the notice may be issued together with a citation for a violation of Florida Statute 322.62.

• who holds a commercial driver license and who operates a non-commercial motor vehicle with a 0.08 or higher blood or breath alcohol concentration (BAC) or 0.08 or higher and was issued a citation for a DUI violation.

In those cases, the arresting officer is told to follow three documents to the hearing offices of the Department of Highway Safety and Motor Vehicles, Division of driver Licenses, and Bureau of Administrative Reviews:

• The hearing officer's copy of disqualification notice (HSMV 78005) ;
• Refusal to submit to a breath, blood or urine test affidavit; and
• Driver's license, if surrendered.

In these cases involving a refusal, the issue at the formal review hearing is whether:

• There was probable cause to believe that Petitioner was driving or in actual physical control of a motor vehicle in the State of Florida while under the influence of alcoholic beverages or chemical or controlled substances;
• Petitioner refused to submit to a urine test or a test of his breath-alcohol or blood alcohol level after being requested to do so by a law enforcement officer or correctional officer; and
• Petitioner was told that if he refused to submit to any such test his privilege to operate a motor vehicle would be suspended for a period of 1 year or, in a case of a second or subsequent refusal, for period of 18 months; and
• That Petitioner was told that as a Commercial Driver License holder or Commercial Driver License operator that if he refused to submit to any such test he would be disqualified for a period of 1 year for a first refusal or permanently if he has previously be disqualified under Section 322.64 of the Florida Statutes.

Possession of a Controlled Substance in a Commercial Vehicle

If you are convicted of driving a commercial vehicle while in possession of a controlled substance, then you will be disqualified from driving a commercial motor vehicle for one year. You will not be eligible for a hardship license during that entire one year period. After the one year, you must pay a $60.00 fee to restore the commercial drivers license.

DUI While Driving a Commercial Vehicle under Florida Statute 322.62

For anyone with a Florida commercial driver's license convicted of driving a commercial motor vehicle under the influence (DUI) special punishments apply. Anyone convicted of DUI while driving a commercial vehicle will be disqualified from driving a commercial motor vehicle for one year for the first offense or permanently for any previous disqualification under Florida Statute Section 322.64.

The commercial driver will not be eligible for a hardship license that allows anyone to. Instead, the commercial driver must wait for 12 months, and then pay a $60 fee to restore the commercial driver's license. For anyone transporting hazardous materials in a commercial motor vehicle when convicted, you will be disqualified from operating a vehicle for three years. The legal limit for DUI when driving a commercial vehicle is .04.

Commercial Driver - Refusal to Submit to Chemical Test

If you are convicted of refusing to take the blood, urine or breath test after a DUI arrest when driving a commercial vehicle then you will be disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, pay $60.00 fee and restore the commercial driver's license.