Founding Attorney
If you’re a commercial driver in Florida, a DUI arrest isn’t just a legal problem—it’s a career threat. With lower legal limits and higher penalties, your livelihood is often on the line from the moment you’re pulled over. At Van Elswyk Law, we help professional drivers fight DUI charges and take swift action to protect their commercial driver’s license (CDL). Whether you drive locally or across state lines, you deserve a defense that takes your future seriously.
Lower BAC Thresholds for Commercial Drivers in Florida
Florida holds commercial drivers to a higher standard than the general public. For most drivers, the legal blood alcohol concentration (BAC) limit is 0.08%. But for anyone operating a commercial motor vehicle (CMV), the legal limit drops to 0.04%.
This stricter limit applies even if you’re only slightly impaired. In some cases, one drink could be enough to put you over the threshold, depending on your body weight, what you’ve eaten, and how much time has passed. The law applies whether you’re driving a semi, a bus, or any other CDL-class vehicle. If you’re pulled over in a CMV and your BAC is 0.04% or higher, you could face serious consequences even if this is your first offense.
CDL Consequences and Revocation Process
Florida law doesn’t go easy on commercial drivers facing DUI charges. If you’re convicted of a DUI, or even if you refuse a chemical test, your CDL can be disqualified for at least one year. That’s true whether the offense happened in your commercial vehicle or your personal car.
Penalties include:
- 1-year disqualification for a first offense
- 3-year disqualification if transporting hazardous materials
- Lifetime disqualification for a second offense (with limited exceptions for reinstatement)
And the consequences often begin before your criminal case is resolved. Within 10 days of your arrest, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) can suspend your license administratively. If you don’t take action quickly, you could lose the ability to drive, sometimes before you even get to court.
At Van Elswyk Law, we assist clients in requesting formal review hearings and seeking temporary permits when available. Time is limited, so early action is critical.
How a DUI Can Affect Your Career
When your job depends on a valid CDL, even one DUI charge can put your livelihood at risk. Many trucking companies have policies in place that require immediate suspension or termination after a DUI arrest, regardless of whether you’re convicted.
A commercial DUI can impact your career in several ways:
- Employers may terminate you upon arrest or conviction
- Insurance companies may refuse to cover you or drastically raise rates
- New employers may see the DUI on background checks
- You may become ineligible for certain contracts or endorsements
Even if you’re eventually cleared of the charges, the damage can be done early. That’s why we focus on protecting not just your license, but your reputation and ability to stay employed.
Defense Strategies Tailored for Commercial Drivers
Defending against a commercial DUI takes more than just pointing out flaws in the police report. We build a case that accounts for the unique circumstances commercial drivers face.
Here are a few of the approaches we may use:
- Challenging the traffic stop: Did law enforcement have a valid reason to pull you over?
- Reviewing BAC test procedures: Were breath or blood tests done correctly? Was the device calibrated?
- Identifying medical or dietary causes: Certain conditions can lead to falsely high BAC readings
- Highlighting legal discrepancies: If you weren’t in a CMV at the time, we may argue that CDL penalties shouldn’t apply
- Pursuing non-DUI resolutions: In some cases, reduced charges or diversion programs may keep a conviction off your record
We understand that protecting your CDL is just as important as avoiding jail time. Our job is to fight for both.
Talk to a Florida CDL DUI Defense Lawyer
A DUI arrest doesn’t have to end your driving career. At Van Elswyk Law, we represent commercial drivers throughout Florida who are facing DUI charges, license suspension, and CDL disqualification. We’ll take the time to understand your case, explain your options, and fight for a result that protects both your freedom and your ability to work.
If you’ve been charged with a DUI and hold a commercial license, call us today. Let’s work together to protect your future.