A holder of a driver's license has to fulfill certain obligations when using public roadways, but those whom have acquired a commercial driver license (CDL) are held to a higher standard in Florida. Being convicted of a DUI could not only jeopardize a person's CDL license, it could also result in them serving an extensive prison sentence, being forced to pay costly fines, and possibly have their career put in peril.
If you have a CDL license and have been arrested for a DUI related offense, you need the immediate assistance of an experienced Miami-Dade County criminal defense attorney to help save your CDL license and prevent you from being imprisoned.Miami Commercial Vehicle DUI Attorney
If you drive a commercial vehicle and have been arrested for a DUI offense, it is advised that you seek out an experienced Miami criminal defense attorney to help preserve not only your CDL license but also your future.
Attorney Evan Hoffman of The Hoffman Firm is a former prosecutor and has extensive experience representing clients charged with commercial truck DUI, first DUI, DUI manslaughter, DUI with property damage, DUI resulting in bodily injury, and a wide variety of DUI offenses.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to provide excellent representation to clients in Hialeah, Aventura, Coral Gables, Miami, Miami Beach, Doral, Homestead, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation to discuss your legal matter with a knowledgeable Miami-Dade criminal defense attorney.
Florida Statute Section 322.61 states that a holder of a commercial driver license (CDL) can be charged with the criminal offense of driving under the influence, or "DUI, when any of the following circumstances occurs:
- When the Driver of the Commercial Vehicle Under the Influence of a Controlled Substance,
- Convicted of Driving a Commercial Motor Vehicle while their BAC is 0.04 Percent or Higher, or
- The Holder of a CDL Refused to Submit to a Test to Determine His or Her BAC while Driving a Motor Vehicle
Florida law defines a "commercial motor vehicle" as any vehicle utilizing Florida roadways which meets any of the following criteria:
- The Vehicle Has a Gross Vehicle Weight of 26,001 Pounds or More,
- The Vehicle Has a Gross Vehicle Weight Rating of 26,001 Pounds or More,
- The Vehicle has Three or More Axles Regardless of Weight,
- The Vehicle is Designed to Transport More than fifteen (15) Persons, Including the Driver,
- The Vehicle is Used in Combination When the Weight of Such Combination Exceeds 26,0001 Pounds Gross Vehicle Weight, or
- The Vehicle is used to Transport Hazardous Materials and is Required to be Placarded in Accordance with 49 C.F.R. part 172, subpart F.
In addition to the other criminal penalties set forth under Florida law for being convicted of driving while under the influence of a controlled substance or alcohol, a holder of a CDL license that is convicted of a DUI offense will be subject to the following penalties:
- First DUI Conviction or Refusal to Submit to Chemical Testing to Determine BAC:
- The Defendant Will Not Be Eligible to Operate a Commercial Motor Vehicle for a Period of Twelve (12) Months.
- Second DUI Conviction or Refusal to Submit to Chemical Testing to Determine BAC:
- The Defendant Will be Permanently Ineligible to Operate a Commercial Motor Vehicle, and
- The Defendant Would Not Qualify for a Hardship Reinstatement of His or Her Commercial Driver License
Federal Motor Carrier Safety Administration – Visit this website to learn more about the FMCSA and their efforts to promote safer highways by setting standards to test and license commercial motor vehicle drivers, and disseminate data that helps evolve how commercial vehicle drivers are trained.
Commercial Vehicle Safety Alliance – Visit this website to acquire more information about CVSA's mission to make commercial motor vehicles safer by promoting uniformity, compatibility, and reciprocity in regards to commercial motor vehicle inspections and regulations.
If you are a holder of a commercial driver's license and have been arrested for possession of a controlled substance, driving under the influence (DUI), or refused to take a chemical test to determine your BAC, you need to acquire legal representation from an experienced Miami criminal defense attorney for your legal matter post haste.
Attorney Evan Hoffman of The Hoffman Firm is a former prosecutor and is very knowledgeable when it comes to DUI crimes such as, but not limited to, commercial vehicle DUI, DUI manslaughter, DUI with bodily injury, DUI resulting in property damage.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to provide exceptional representation to clients in South Miami, Miami Beach, Miami Lakes, Cutler, Coral Gables, Homestead, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation to discuss your legal matter with a knowledgeable Miami-Dade criminal defense attorney with a proven track record of success.