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Orlando CDL DUI Lawyers

Protecting Your Ability to Earn a Living: CDL DUI Defense Attorney

CDL drivers are held to higher standards than non-commercial drivers. A single DUI conviction can make it difficult to continue working for an employer who relies on maintaining a fleet of safe, insured drivers. Many trucking companies have zero-tolerance policies for DUI offenses, meaning a conviction could result in immediate termination.

Key reasons employers may terminate a CDL driver after a DUI include:

  • FMCSA Compliance Requirements: Trucking companies must adhere to strict federal safety regulations, and employing a driver with a DUI could jeopardize the company’s standing with regulatory agencies.
  • Increased Insurance Costs: Commercial vehicle insurance rates often skyrocket when a driver has a DUI conviction. Many companies may find it financially impossible to keep the driver on staff.
  • Employer Policies: Many transportation and logistics companies have internal rules that automatically disqualify drivers from continued employment if they receive a DUI, regardless of whether they were driving a commercial vehicle at the time of the offense.
  • Loss of Customer Contracts: Many trucking companies have contracts with businesses that require strict compliance with safety regulations, including maintaining a fleet of drivers with clean records. A CDL driver with a DUI conviction may lead to the company losing valuable contracts, prompting termination to protect business relationships.
  • Liability Risks and Legal Exposure: Employing a driver with a DUI on record increases the company’s legal liability, especially if the driver is involved in an accident in the future. Employers may terminate a CDL driver to reduce the risk of lawsuits, negligence claims, and potential regulatory penalties that could arise from keeping a driver with a history of impaired driving on staff.

Even if a driver is not terminated immediately, they may be placed on unpaid leave during their license suspension period, making it difficult to maintain employment.

FMCSA Regulations and Employer Policies

The FMCSA’s regulations under 49 CFR Part 383 set strict guidelines for commercial drivers who are charged with or convicted of DUI. Some of the key rules include:

  • Immediate Disqualification for One Year: A first-time DUI conviction results in a minimum one-year CDL disqualification, even if the offense occurred in a personal vehicle.
  • Lifetime Disqualification for a Second DUI: A second DUI offense results in a lifetime ban from operating commercial vehicles. Some drivers may be eligible for reinstatement after 10 years, but this is not guaranteed.
  • Mandatory Alcohol and Drug Testing: Employers may require drivers to undergo substance abuse treatment or submit to frequent alcohol and drug screenings after a DUI conviction.

Additionally, some states report DUI convictions to the FMCSA’s Drug and Alcohol Clearinghouse, which makes the offense visible to all potential employers in the trucking industry. This limits employment opportunities even after license reinstatement.

Penalties for Drivers Operating Passenger Vehicles

CDL holders responsible for transporting passengers, children, or vulnerable individuals face harsher legal consequences. 

Many states impose the following penalties:

  • Stronger Background Check Requirements: A DUI conviction can prevent employment in public transit or school transportation due to criminal background check policies.
  • Longer CDL Disqualifications: Some school districts prohibit bus drivers from holding a CDL for five years after a DUI conviction.
  • Zero-Tolerance Policies for BAC: Many public transit and school bus companies enforce stricter policies than the state’s legal BAC limits, sometimes mandating 0.00% BAC tolerance.

Drivers in these roles may permanently lose their ability to operate a commercial passenger vehicle after a DUI conviction.

If you hold a commercial driver’s license (CDL) and have recently been arrested for DUI, you are most likely feeling frightened and overwhelmed by what the future may bring. Unlike other drivers, CDL holders are held to a higher standard. Non-commercial drivers are allowed a blood alcohol concentration (BAC) of 0.08 percent. However, anyone licensed to operate a commercial vehicle may only have a BAC of 0.04 percent.

Furthermore, if you have a CDL, it does not matter if you are operating a commercial vehicle or your own personal vehicle; you can still be arrested if your BAC is above the legal limit. Finally, if you are caught driving while under the influence or possession of drugs, you also risk losing your commercial driver’s license.

Contact The Defense Group of Orlando, FL, and ask to schedule a free, confidential consultation to determine what legal options will suit your needs. Call us at 407-743-8430.

Can I Lose My CDL After Being Arrested for DUI

CDL holders are required to have a higher level of sobriety to ensure that other motorists are safe on roadways. The Florida Department of Highway Safety and Motor Vehicle (FLHSMV) may suspend a CDL if a driver is convicted of being under the influence of drugs or alcohol. The length of the CDL suspension depends on the circumstances involved in the case.

If a commercial driver is convicted of a DUI, his or her CDL license is automatically suspended for one year. The same holds for a driver convicted of possessing a controlled substance. In both instances, commercial drivers are ineligible to obtain a hardship license. However, even though a commercial driver who refuses to submit to a chemical test after being arrested for DUI will still face an automatic one-year suspension of their CDL, they do have the option of applying for a hardship license.

It should be noted that CDL suspensions can last longer than one year and, in some cases, up to 10 years. If you are convicted of a second DUI, your CDL will most likely be permanently revoked. In most cases, after the suspension time has expired, an individual must reapply for CDL certification, pay a reinstatement fee, and complete a court-ordered safety and substance abuse program.

If you need further clarification about the penalties involved with a CDL DUI, contact our law offices to schedule a consultation with one of our qualified attorneys, who can answer your questions. Call us at 407-743-8430.

What are Possible Defenses to a CDL DUI case?

For commercial drivers, holding on to their CDL is critical to working and supporting themselves and their families. Unlike other drivers who may have their licenses suspended but have jobs that do not require driving for a living, CDL holders are in a much more grave situation. However, there are possible defenses that a DUI attorney can use to try and help you keep your CDL license, which includes:

  • Request a formal review hearing of your CDL suspension.
  • Challenge the legality of the traffic stop to determine if probable cause existed for the officer to pull you over.
  • Thoroughly evaluate the case to determine if your civil rights were violated.
  • Challenge the accuracy of any tests that may have been performed, including a field sobriety or breathalyzer test. Additionally, determine if the equipment used for BAC testing was operating correctly.

If you have been arrested for a CDL DUI, you must have skilled legal representation to help you keep your license. Call us at 407-743-8430.

Why Do I Need to Hire a CDL DUI Lawyer to Help Keep My License?

If you are a commercial driver charged with a DUI, you must hire an experienced lawyer who can fight the charges and work to help you keep your license. Unfortunately, not all DUI lawyers have experience handling CDL DUI cases. Do not trust your future to an attorney who does not have prior experience defending CDL DUI cases.

The Defense Group has CDL DUI attorneys with comprehensive experience helping commercial drivers keep their licenses. Some of the advantages of hiring our attorneys to defend your case include:

  • Determine weaknesses in the state’s case, including lack of evidence and conflicting police reports.
  • Collect and analyze witness statements and dash and body cam videos that support your case.
  • Negotiate with the prosecutor to try to have your charges reduced or thrown out.
  • Act as your legal advocate if your case needs to go to court to be resolved.
  • Some CDL DUI cases can be resolved out of court through negotiations with the state attorney. However, it is essential to remember that every case differs, and any potential outcome may vary.

Can I Count on Your Law Firm to Obtain Favorable Results for My DUI Case?

The Defense Group understands you must keep your CDL to support yourself financially. Not being able to use your commercial driver’s license to earn a living can quickly create a financial crisis for you and your family. We also understand that just because you have been arrested for a DUI does not mean you are guilty.

 

Our legal team will work relentlessly to help you keep your CDL license after a DUI charge. Our law firm has the resources to investigate your case thoroughly and negotiate with the prosecution. Our knowledgeable attorneys recognize that DUI tests are often inaccurate. We will use our skills and experience to challenge the accuracy of the test results and ensure your legal rights were not violated during the traffic stop.

The Defense Group in Orlando is passionately committed to helping commercial drivers keep their licenses while protecting their legal rights.

Contact our Orlando CDL DUI lawyers at 407-743-8430 and ask to schedule a free no-obligation consultation to determine your legal options.