Commercial Driver License (CDL) DUI
If you possess a commercial driver license (CDL) or were arrested for DUI while driving a commercial vehicle then contact an experienced DUI defense attorney at The Law Offices of Bryan J. McCarthy. We are experienced in fighting to protect the CDL holder from the harsh consequences of a DUI arrest. We represent commercial drivers in Brevard County and the surrounding counties of Seminole County, Orange County, Volusia County, Indian River County, and Osceola County, FL.
Brevard County CDL DUI Suspension Lawyer
For CDL professionals, an accusation of DUI can be a career-ending event without the proper representation. In these cases it is critical that the driver finds an experienced attorney within the first 10 days after the arrest so that all avenues of attacking the criminal charge are available. Within that 10 day period the attorney must request a formal review hearing to protect the driver from the administrative suspension of his driver’s license. Call us to find out what you need to do today to protect your criminal record, your driving privileges and your career.
CDL Disqualification after a DUI Arrest and Conviction
Anyone convicted of driving a commercial vehicle under the influence of alcohol or drugs will be disqualified from driving a commercial vehicle for twelve months from the date of conviction. After the full year, the driver must pay a disqualification reinstatement fee to restore the commercial driver’s license. Any commercial driver who was transporting hazardous materials when convicted of driving under the influence (DUI) is disqualified from driving a commercial vehicle for thirty-six months (three years).
Unlawful Alcohol Level of 0.04 in Commercial Motor Vehicles in Florida
After a DUI arrest, the CDL holder will be asked to submit to a breath test on the breathalyzer used in Florida called the Intoxilyzer 8000. If the CDL holder was driving a commercial vehicle at the time of the offense, then the legal limit is 0.04 breath or blood alcohol concentration (BAC) instead of the standard 0.08 legal limit.
A driver will be disqualified from driving a commercial motor vehicle for twelve months without any chance to obtain a hardship license. After the full twelve months, the driver can pay a disqualification reinstatement fee in order to reinstate the commercial driver’s license. Any commercial driver who was transporting hazardous materials when convicted of driving under the influence of alcohol with a breath or blood alcohol concentration of 0.04 or higher is disqualification is for thirty-six months (three years).
Refusal to Submit to a Chemical Test after DUI in a Commercial Motor Vehicle
If the driver of a commercial vehicle is arrested for DUI and refuses to submit to a chemical test of his breath, blood or urine to determine his alcohol concentration level then the driver will be disqualified from driving a commercial motor vehicle for twelve months during which time period the driver is not eligible for a hardship license. After the full twelve month period, the driver must pay a disqualification reinstatement fee in order to restore the commercial driver’s license.
CDL Holders and Possession of Controlled Substances
Any holder of a CDL will be subjected to a one-year disqualification if convicted of driving a commercial motor vehicle while in possession of controlled substance. During that one year period the commercial driver is not eligible for a hardship license. After the full twelve months the driver must then pay a disqualification reinstatement fee in order to restore the commercial driver’s license (CDL).
Finding an Attorney for a CDL Commercial Driver Arrested for DUI
Contact an experienced DUI attorney at The Law Offices of Bryan J. McCarthy if you have a commercial driver license (CDL) or if you were arrested for DUI while driving a commercial vehicle. The consequences of an administrative suspension or a criminal conviction can be career ending without the proper representation.
Our DUI defense lawyer represents CDL commercial drivers charged with DUI throughout Brevard County including Melbourne, Titusville, Viera, Merritt Island, Palm Bay, and the surrounding areas of Orange County, Volusia County, Seminole County, Indian River County, and Osceola County, FL.