1005 N. Marion St.
Tampa, FL 33602
813.250.0500

FHP DUI Investigations of the CDL

If you are the holder of a commercial driver license (CDL) accused of DUI or a zero tolerance violation in Florida, then contact an experienced criminal defense attorney at Sammis Law Firm.

Our DUI defense attorneys are familiar with the special rules and procedures that apply to DUI investigations by the Florida Highway Patrol of the holder of a Commercial Driver License.

The standard operating procedures for the Florida Highway Patrol are found in Policy 17.06 - 9 for alcohol and drug use violations committed by a commercial driver or in a commercial motor vehicle.

Attorneys for the CDL DUI Investigation by FHP

The attorneys at Sammis Law Firm, P.A., represent the holders of a commercial driver license (CDL) during a 0.04 zero tolerance disqualification. Many of these investigations involve troopers with the Florida Highway Patrol (FHP). If you were served with a Commercial Vehicle Citation (HSMV78005), then call us for a free consultation.

If you were served with a Commercial Vehicle Citation (HSMV78005), then call us for a free consultation. Our attorneys are familiar with FHP's standard DUI arrest procedures for the CDL and the rules for zero tolerance disqualifications.

Call 813-250-0500.


FHP's Policy on DUI Arrest of the CDL

Under Section 5(e) of Policy 17.06, when the driver of a commercial motor vehicle (CMV) is charged with a violation of Section 316.193, Florida Statutes, the driver will be processed in accordance with FHP's standard DUI arrest procedures.

After the DUI arrest with a breath or blood test over .08 or a refusal to submit to chemical testing, the trooper will complete the following documents required by Section 322.2616, Florida Statutes, including the Notice of Suspension (HSMV 78103), the Affidavit of Probable Cause, the Affidavit of Refusal to Submit to Breath Test, and the Breath Test Result Affidavit for under Age 21 Suspensions, if applicable.

After the DUI, the trooper will send all of the required forms to the appropriate DHSMV, Bureau of Administrative Review Hearing office within 5 days.


FHP Policy on the CDL Zero Tolerance Disqualification

Under Section 322.63, Florida Statutes, the driver of a commercial motor vehicle can be required to submit to an approved Portable Breath Test (PBT) or chemical test anytime a member has reasonable suspicion to believe that the driver has any alcohol, chemical substance, or controlled substance in their body.

If the PBT or chemical test results indicate a blood alcohol level greater than 0.00 but less than 0.08, the driver will be issued a UTC for a violation of Sections 322.62(1) or 322.62(2)(b), Florida Statutes. In addition, the driver will be placed out of service for a period of 24 hours.

If the driver is not being charged under Section 316.193, Florida  Statutes, and has a breath alcohol level of 0.04 or higher or refuses to submit to a PBT or chemical test, he/she will be placed out of service for a period of 24 hours.

A Notice of Commercial Driver’s License/Privilege Disqualification (HSMV 78005) will be completed and forwarded to the appropriate DHSMV, Bureau of Administrative Review Hearing Office along with other required documentation within five days. A UTC should be issued for a violation of Section 322.62(1), Florida Statutes.

Being placed out of service pursuant to Section 322.62, Florida Statutes, does not prohibit the driver from driving a noncommercial motor vehicle during the 24 hour period.


Operation of PBT Instruments in FHP Policy 17.06.06(C)(1)(j)

The troopers use of the Portable Breath Test (PBT) is for the administrative suspension of a driver's license and does not constitute an arrest. A PBT shall not be used as a determining tool in making the decision for a DUI arrest under Section 316.193, Florida Statutes.

The rules for the Operation of Portable Breath Test Instruments are found in FHP Policy 17.06.06(C)(1)(j). Under these rules, only troopers with the Florida Highway Patrol who have been trained on the PBT Instruments through the manufacturer and/or department shall administer breath tests utilizing the PBT.

Portable Breath Test (PBT) operators will follow the manufacturer's operational procedures for conducting all portable breath tests. The trooper must keep a copy of the manufacturer's operational procedures in the PBT’s carrying or storage case.

The Florida Highway Patrol trooper is only supposed to use the PBT for administrative suspensions including the:

  • 0.02 Zero Tolerance Suspension; and
  • the 0.04 Commercial Vehicle Disqualification.

Additional Resources

DUI CDL Investigations in Florida - Read more about DUI investigations of the holder of a commercial driver license (CDL) arrested for a DUI or cited for a zero tolerance violation in Florida. Learn more about the Commercial Vehicle Citation (HSMV78005). Find the standard operating procedures for the Florida Highway Patrol in Policy 17.06 for alcohol and drug use violations.


Attorneys for the CDL DUI Investigation by FHP

The attorneys at Sammis Law Firm, P.A., represent the holders of a commercial driver license (CDL) during a 0.04 zero tolerance disqualification. Many of these investigations involve troopers with the Florida Highway Patrol (FHP). If you were served with a Commercial Vehicle Citation (HSMV78005), then call us for a free consultation.

If you were served with a Commercial Vehicle Citation (HSMV78005), then call us for a free consultation. Our attorneys are familiar with FHP's standard DUI arrest procedures for the CDL and the rules for zero tolerance disqualifications. We also represent clients who are holders of a military CDL.

Call 813-250-0500.


This article was last updated on Tuesday, September 4, 2018.

Free Case Evaluation

* All fields are required.
Schedule a Consultation
Schedule a Free Consultation at Our Office

Call us to schedule a time to talk with the attorneys in the office or over the phone.

Office: 813.250.0500 Fax: 813.276.1600

Contact Our Office
Our Tampa Office

Sammis Law Firm 1005 N. Marion St. Tampa, FL 33602 ยป Get Directions