Miami Commercial DUI Lawyer
We Help You Protect Your Commercial Driver’s License in Florida
A holder of a driver's license has to fulfill certain obligations when using public roadways, but those who 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, but 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 DUI attorney to help save your CDL license and prevent you from the harsh penalties of a conviction.
DUI Laws for Commercial Vehicles
According to Florida Statute Section 322.61, the holder of a commercial driver license (CDL) can be charged with driving under the influence, or DUI, when any of the following circumstances occurs:
- when the driver of the commercial vehicle is under the influence of a controlled substance;
- when the driver is convicted of driving a commercial motor vehicle while their BAC is 0.04 percent or higher; or
- when the holder of a CDL refuses to submit to a test to determine his or her BAC while driving a motor vehicle.
What Constitutes a Commercial Vehicle in Florida?
Florida law defines a "commercial motor vehicle" as any vehicle utilizing Florida roadways that 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
- 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 CDL license holder who 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 will not qualify for a hardship reinstatement of their commercial driver license.
Commercial Vehicle DUI Resources
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 regarding commercial motor vehicle inspections and regulations.
*The efforts of organizations like these, while commendable, can make DUI cases involving CDL license holders all the more difficult to win, even if you’re not guilty. Don’t risk losing your case – hire a skilled attorney to fight your charges!
Commercial Vehicle DUI Attorney Serving Miami & Fort Lauderdale
If you hold 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 legal representation from an experienced Miami defense attorney for your legal matter.
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.
Client-Focused RepresentationOur Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
Free Initial ConsultationWe offer free initial consultations to ensure that we have your best interests in mind.