Miami Commercial DUI Defense Lawyer

Trusted Lawyer Helping Commercial Drivers Charged With DUI in Miami, FL

Charges of driving under the influence (DUI) are serious for anybody, but commercial drivers who are arrested for drunk driving may face career consequences in addition to criminal charges. Even a first-time offense can result in the disqualification of a commercial driver's license (CDL), the loss of one's job, and difficulty finding future employment in the transportation industry.

Legal representation can be crucial to ensure that commercial drivers who are charged with DUI can protect their livelihoods and careers. The Miami commercial DUI lawyer at The Hoffman Firm can assess the evidence in a DUI case and determine the best steps to take during the legal process. By taking steps to reduce or dismiss the charges, we can help commercial drivers minimize the impact of these cases on their careers.

Unique Issues Affecting CDL Holders in DUI Cases

Lower BAC Limit for Commercial Drivers

In Florida, commercial drivers are subject to a stricter blood alcohol concentration (BAC) limit than other drivers. When driving a commercial vehicle, a person can be charged with DUI if they have a BAC of only 0.04 percent—half the legal limit of .08 percent for non-commercial drivers. Consuming even a small amount of alcohol before driving can cause a commercial driver to have a BAC that is over the legal limit.

DUI Charges for Alcohol, Drugs, or Both

A commercial driver may face DUI charges if they are believed to be impaired by alcohol, illegal drugs, prescription medications, or a combination of substances. Even if a driver's BAC is below 0.04 percent, they can still be charged if an officer determines that their driving ability was impaired. Commercial drivers may use medications or other substances that can interact with alcohol, increasing the possibility of impairment. They may also face charges of driving under the influence of drugs based on the use of substances meant to combat fatigue and remain alert during long shifts.

DUI While Operating a Personal Vehicle

A commercial driver does not have to be operating a commercial vehicle to face CDL-related penalties for DUI. A DUI conviction while driving a personal vehicle can still result in the suspension of a CDL.

CDL Penalties for DUI in Florida

A DUI conviction will impact a commercial in two ways: criminal penalties and administrative penalties affecting their CDL. The criminal penalties for DUI in a commercial vehicle are the same as those for other drivers. However, a commercial driver will also face the following consequences:

• First DUI Offense: A conviction will result in a one-year CDL disqualification. If a person was charged with DUI while they were transporting toxic chemicals or other hazardous substances, they will face a three-year disqualification. A first DUI conviction can also result in the loss of a job as a commercial driver and difficulty finding a new job, as employers may refuse to hire drivers who have DUI convictions on their records.
• Second DUI Offense: A person who has previously been convicted of DUI will face a lifetime CDL disqualification upon conviction for a second offense. This means that a person will never be able to work as a commercial truck, bus, or delivery driver again.

Defending Against Commercial DUI Charges

A DUI conviction can end a commercial driver's career. At The Hoffman Firm, our Miami CDL DUI defense attorney can fight these charges aggressively, helping a person avoid the loss of their license and other penalties. Defense strategies may include:

• Challenge BAC Test Results: DUI charges are typically based on tests that measure a driver's blood alcohol concentration. However, these tests may be inaccurate. Breathalyzer machines may be improperly calibrated, or test results may be wrong due to operator error. Blood and urine tests may have been mishandled or contaminated. Our lawyer can review testing procedures to determine whether test results can be challenged.
• Argue Against Unlawful Traffic Stops: In some cases, a DUI case may be dismissed if a police officer conducted an illegal traffic stop. If the officer did not have probable cause to believe that a commercial driver had committed a violation or was under the influence of alcohol or drugs, any evidence obtained during the traffic stop may be suppressed.
• Negotiate for Reduced Charges: Our attorney can help determine whether an agreement can be reached with prosecutors that may allow for reduced charges. By accepting a conviction for reckless driving rather than DUI, a driver may be able to avoid penalties that could affect their career.

Contact Our Miami, Florida Commercial Driver DUI Defense Attorney

If you are a commercial driver who has been arrested for DUI charges in Miami, our experienced DUI defense lawyer can help you fight these. Do not risk losing your CDL—contact The Hoffman Firm today at 305-249-0090 to arrange a free consultation and begin building your defense.