1005 N. Marion St.
Tampa, FL 33602
813.250.0500
  •   ›  
  •   ›  
  •   ›  
  • CDL Disqualifications

CDL Disqualifications

CDL Disqualifications can occur under the following circumstances:

  • When a CMV operator is arrested for a violation of §316.193 and has an alcohol level of .08 or higher or refuses to submit while operating a CMV or a non-commercial vehicle; or
  • When a person holding a CDL license is arrested for a violation of §316.193 and has an alcohol level of .08 or higher or refuses to submit while operating a CMV or a non-commercial vehicle.

Disqualifications occur when a law enforcement officer places a commercial motor vehicle operator out of service. That time out of service can range from 24 hours to permanently.  

Florida law provides for several different actions that can trigger a disqualification. A disqualification can be issued in conjunction with an administrative suspension under section 322.2615, Florida Statutes.

Attorney for CDL Disqualifications in Florida

If you are a commercial driver with a CDL license or if you were operating a commercial motor vehicle when you were arrested for DUI, then contact an experienced DUI defense attorney in Tampa, FL, at the Sammis Law Firm.

Our main office is in downtown Tampa in Hillsborough County, FL. We also have a second office in New Port Richey in Pasco County, FL.

Our attorneys represent CLD holders and the drivers of commercial vehicles charged with serious traffic offenses including driving under the influence.

Learn more about the DUI penalties for a CDL Holder in Florida. Let us help you avoid the DUI administrative suspension or disqualification of your commercial driver's license.

Call (813) 250-0500 today to discuss your case.


Conducting a Formal or Informal Review Hearing

If eligible for a permit, the commercial driver must be downgraded to a Class E temporary permit restricted to business purposes only.

A CMV operator may not hold a commercial driver license that is restricted to business or employment purposes. When a CMV operator/CDL holder is disqualified and arrested for a violation of section 316.193, F. S. the review(s) can be conducted as one.

During the hearing, the hearing officer will use the appropriate CDL script.


DUBAL Disqualification for a Commercial Driver in Florida

If the driver was disqualified from operating a commercial motor vehicle for DUBAL in violation of 316.193, F. S. the scope will be as follows:

  • Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver’s license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body.
  • Whether the person had an unlawful blood-alcohol or breath-alcohol level of 0.08 or higher.

Refusal Disqualification for a Commercial Driver in Florida

If the Driver was arrested for a violation of section 316.193, F. S., then the issues for the formal review hearing include:

  • Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver’s license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body.
  • Whether the person refused to submit to the test after being requested to do so by a law enforcement or correctional officer. Whether the person was told that if he or she refused to submit to such test he or she would be disqualified from operating a commercial motor vehicle for a period of 1 year or, if previously disqualified, permanently.

Decision Making for the Disqualification

Hearing officers at the Bureau of Administrative Review enter orders to sustain the administrative disqualification of a commercial driver's license using the appropriate CDL order for DUBAL or Refusal. Coding is in addition to the Admin. Susp.

Coding – Formal Sustain

  • 195 – Formal Review (Admin. Disq.) Held
  • 198 – Admin. Disq. Sustained
  • 209 – Final Order of Disq.

Coding – Informal Sustain

  • 196 – Informal Review (Admin. Disq.) Held
  • 198 – Admin. Disq. Sustain
  • 209 – Final Order of Disq.

Fail to Appear

  • 199 – FTR Admin. Disq. Formal
  • 198 – Admin. Disq. Sustain
  • 209 – Final Order of Disq.

Request Withdrawn

  • 198 – Admin. Disq. Sustained

Invalidating a CDL Disqualification

If the hearing officer decides to remove both a disqualification and an administrative suspension (for a violation of section 322.2615, F. S.), then removing the administrative suspension deletes the disqualification.

A disqualification may be set aside without affecting the administrative suspension.  The hearing officer is trained to use the appropriate regular sustain order and mention setting aside the disqualification in motions.


This article was last updated on Monday, August 20, 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