Administrative Disqualification Law for Commercial Driver's Licenses
Our experienced Palm Beach and Broward County criminal defense attorneys at the Law Offices of Leifert & Leifert know that drivers of commercial motor vehicles in the State of Florida are subject to different administrative suspension and disqualification regulations than are drivers of non-commercial motor vehicles. Below, we have outlined the schedule of administrative disqualifications for operating a commercial motor vehicle while under the influence of alcohol or other controlled substances:
First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): one (1) year of disqualification.
First Disqualification for Driving a Commercial Motor Vehicle While Under the Influence of a Controlled Substance: one (1) year of disqualification.
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above) or While Under the Influence of a Controlled Substance: permanent disqualification.
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: one (1) year of disqualification.
Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanent disqualification.
The administrative disqualification is effective immediately upon refusal of the breath, urine or blood test or upon determination that the driver has a blood alcohol level of .08 or above while operating or in actual physical control of a commercial motor vehicle. The law enforcement officer will issue the driver a temporary permit, which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, as our Palm Beach and Broward County criminal defense lawyers know, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of the period of disqualification.
The attorneys at our firm are uniquely skilled to represent you in cases such as these because all of our lawyers are former prosecutors – this means that we used to prosecute the very same types of cases that we now defend. As such, we have special inside knowledge that can mean a world of difference to you and your case. We know how successful prosecution cases are mounted and we therefore know how to properly organize an effective legal defense. Our aggressive criminal defense attorneys strive to exonerate our clients entirely; when exoneration is not possible, we aim to diminish the charges and the prospective penalties.
Our criminal defense attorneys at the Law Offices of Leifert & Leifert know that the first 10 days of disqualification are the time during which you should reach out to one of our lawyers – it is during these 10 days that we can set in motion a legal procedure that might allow you to retain your driving rights. So, if you have been arrested for or charged with operating a commercial motor vehicle while under the influence of drugs or alcohol in Palm Beach, Broward or Miami-Dade County, contact our lawyers to schedule a free consultation by calling 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you.