Our Palm Beach DUI Defense Lawyers Represent Commercial Drivers Charged With Drunk Driving
When your commercial driver's license (CDL) and livelihood are on the line due to a drunk driving charge in Florida, you need an experienced Palm Beach DUI defense lawyer who understands what you have at stake and who will fight to protect your rights.
How a DUI Conviction Impacts Your Commercial Driver’s License
Commercial drivers face stricter DUI standards than other motorists. Additionally, your ability to continue earning a living with a commercial driver’s license (CDL) could be at stake if you’re convicted of driving under the influence of drugs or alcohol.
You could face potential employment consequences for:
- Driving under the influence of drugs or alcohol
- Refusing to take a drug or alcohol test as required by Florida law
- Leaving the scene of an accident
Florida Statute 322.62 establishes what happens to commercial motor vehicle operators who drive under the influence.
On-Duty DUI for CDL Holders
An on-duty DUI arrest occurs when a commercial driver is charged with driving under the influence while operating a commercial motor vehicle (CMV). These cases are particularly serious due to the increased responsibility and potential danger associated with operating large commercial vehicles. As a commercial driver, you should know that in Florida, you face:
- Lower BAC limit. The legal blood alcohol content (BAC) limit for commercial drivers on duty is 0.04%, half the limit for non-commercial drivers. This lower threshold reflects the higher standard to which CDL holders are held.
- Immediate out-of-service order. If a CDL holder is found to have any detectable amount of alcohol while on duty, they will be placed out of service for 24 hours, even if their BAC is below 0.04%.
- Severe penalties. An on-duty DUI conviction typically results in a minimum one-year CDL disqualification for a first offense. If hazardous materials are transported, this increases to three years. A second offense leads to lifetime CDL revocation.
- Additional testing requirements. CDL holders may be subject to random alcohol and drug testing, as well as mandatory testing following any accident involving a CMV.
Off-Duty DUI Arrests for CDL Holders
An off-duty DUI arrest occurs when a CDL holder is charged with driving under the influence while operating a personal vehicle. These arrests still have significant implications for a commercial driver's career. As a commercial driver, you need to know:
- The standard BAC limit applies. When driving a personal vehicle, CDL holders are subject to the same 0.08% BAC limit as other drivers. However, the consequences of exceeding this limit are more severe for CDL holders.
- You could lose your commercial license. Even though the offense occurs in a personal vehicle, it can still result in CDL suspension or disqualification.
- Employers may have no distinction for off-duty and on-duty DUIs. Many employers treat on-duty and off-duty DUI offenses equally seriously. An off-duty DUI can still result in job termination and difficulty finding future employment in the commercial driving industry.
- You may have to report your DUI to your employer. CDL holders are often required to report any traffic violations, including off-duty DUIs, to their employers within a specified timeframe.
Additional Consequences of DUI Convictions for CDL Holders
Above, we discussed that your commercial driver’s license could be suspended or revoked. However, you could also face other consequences, including:
- Job loss and lack of future employment in the industry. Many employers terminate CDL holders immediately upon a DUI charge, even before conviction. Future job prospects in the commercial driving industry become severely limited with a DUI on your record.
- Financial impact. Beyond potential job loss, CDL holders face steep fines, increased insurance premiums, and costs associated with license reinstatement and mandatory alcohol education programs.
- Criminal record. A DUI conviction results in a permanent criminal record, which can affect various aspects of your life beyond employment, including housing opportunities and personal relationships.
Possible Defenses to Drunk Driving Charges for CDL Holders
While DUI charges for CDL holders are serious, whether on-duty or off-duty, there are several potential defense strategies that an experienced Palm Beach DUI defense lawyer can employ.
- Challenging the traffic stop. If the initial traffic stop was conducted without reasonable suspicion, any evidence gathered as a result may be inadmissible in court. Your lawyer can scrutinize the circumstances of the stop to determine if your constitutional rights were violated.
- Contesting BAC test results. Breathalyzer and blood tests are not infallible. Factors such as improper calibration of testing equipment, procedural errors in test administration, or certain medical conditions can lead to inaccurate results. Your attorney can investigate these possibilities and potentially challenge the validity of the test results.
- Questioning field sobriety tests. Field sobriety tests are subjective and can be affected by factors unrelated to alcohol consumption, such as physical disabilities, fatigue, or even nervousness. A skilled lawyer can often cast doubt on the reliability of tests such as the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test.
- Exploring alternative explanations. Sometimes, behaviors that appear to indicate intoxication can be explained by other factors, such as medical conditions, medications, or even certain foods. Your lawyer can help present alternative explanations for your apparent impairment.
- Negotiating plea deals. In some cases, it may be possible to negotiate a plea to a lesser charge that doesn't carry the same severe consequences for your CDL. While this isn't ideal, it can sometimes be the best option to protect your commercial driving career.
How Our Palm Beach DUI Defense Lawyer Can Help
The Law Offices of Robert David Malove understands how much you have at stake and is ready and able to provide the robust defense you need. To that end, our drunk driving defense lawyers will:
- Advise you on steps to take after a DUI arrest. After a drunk driving arrest, we encourage you to cooperate with police, exercise your right to remain silent, and avoid posting on social media. When you schedule a free consultation with us, we can provide additional advice based on your unique situation.
- Provide a thorough case evaluation. We'll thoroughly review your case, examining all evidence and identifying potential weaknesses in the prosecution's arguments. This comprehensive analysis forms the foundation of our defense strategy.
- Gather and analyze all relevant evidence. This may include police reports, witness statements, and video footage. We may also consult with expert witnesses to challenge BAC test results or field sobriety test interpretations.
- Represent you in all court proceedings. From arraignment through trial (if necessary), we'll be by your side, ensuring your rights are protected at every stage of the legal process. We'll file all necessary motions, negotiate with prosecutors, and vigorously defend you in court if required.
- Represent you in all Florida Department of Highway Safety and Motor Vehicles (FLHSMV) proceedings. In addition to criminal proceedings, we'll represent you at FLHSMV hearings to fight against the administrative suspension of your CDL, giving you the best chance of maintaining your driving privileges.
- Provide post-conviction support. Even after a conviction, we can assist with license reinstatement processes and help you understand and fulfill any court-ordered requirements.
We encourage you to review our case results and client testimonials on our website to get a better understanding of the positive outcomes we've achieved for clients facing drunk driving charges.
Attorney Robert Malove is a founding member of the National College for DUI Defense. He is also Florida Bar Certified as an “expert/specialist” in criminal trial law. Robert and his team are the lawyers you want to represent your interests if your livelihood is on the line because of a drunk driving arrest.