Notice: While courts and businesses are closing due to COVID-19, we are still accessible to answer your legal questions. We can still handle most legal issues and communications with clients by phone, email and text.
Commercial DUI Put a Skilled and Trial-Proven Attorney in Your Corner

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.

If you are in Miami call (305) 928-1669 now for more information. If you are in Broward County call 954-737-3004.

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

Penalties for a Commercial Vehicle DUI in Miami

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.

Schedule your free consultation today by calling 305-928-1669if you case is out of Miami, 954-737-3004 if you case is out of Broward County, or contacting us online.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say

  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John

  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy

  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando

  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua

  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
/

Start Your Defense

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Record Of Success

Aggressive DUI Defense
  • Not Guilty Driving Under the Influence (DUI)

    Mr. Hoffman went to a jury trial and after less than 20 minutes of deliberation, the client was found Not Guilty.

  • Not Guilty Driving Under the Influence (DUI)

    Mr. Hoffman successfully convinced a jury that his client was Not Guilty. The jury deliberated for less than 10 minutes before pronouncing the client Not Guilty.

  • Not Guilty Driving Under the Influence (DUI)

    After conducting discovery and taking depositions, we went to a jury trial and after 20 minutes, the jury returned a not guilty verdict.

/