Commercial Motor Vehicles (CMV) Alcohol-Related Convictions

Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions / Disqualifications-- s. 322.61

Did you know that you could have your commercial driver’s license suspended for an entire year for having a blood alcohol level of just .04?

As experienced Palm Beach and Broward County DUI defense attorneys and former prosecutors, we are well-versed in the laws of the State of Florida that govern alcohol-related driving offenses and the specified penalties for such offenses. Our lawyers know that the DUI laws in the State of Florida are not necessarily universal; that is, there are various laws that apply to various types of drivers.

For example, an individual who drives a commercial motor vehicle is required to have a special driver’s license, a commercial driver’s license, which is subject to penalties to which individuals who do not have a commercial driver’s license are not subject. While commercial and non-commercial drivers are all subject to the more general DUI penalties prescribed in s. 316.193 of the Florida State Statutes, only individuals driving commercial motor vehicles at the time of the incident in question are subject to the penalties prescribed in s. 322.61.

According to s. 322.61, an individual can have their commercial driver’s license disqualified for the period of one (1) year for just one of the following offenses:

1. Driving a commercial motor vehicle with a blood, breath or urine alcohol  level of .04 or above;
2. Driving a commercial motor vehicle while under the influence of alcohol or a controlled substance, including but not limited to marijuana, cocaine, heroin, prescription medications, etc. (Driving Under the Influence);
3. Driving a commercial motor vehicle and refusing to submit to a test to determine alcohol concentration; or
4. Driving a motor vehicle while in possession of a controlled substance.

Now, as our Palm Beach and Broward County DUI defense attorneys know, because operators of commercial motor vehicles are also subject to the penalties listed in s. 316.193, the 1-year commercial driver’s license disqualification listed above will be in addition to any penalties outlined in s. 316.193.

Our DUI defense attorneys also know that, unlike there are for individuals who face a suspended or revoked driver’s license following a DUI conviction involving a non-commercial motor vehicle, there are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a “hardship” (business or employment) license to operate a commercial motor vehicle.

A second or subsequent conviction of the previously listed offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle; such a disqualification can tarnish a career in addition to a reputation. Clearly, having a first conviction of this type on your record is an entryway to a slippery slope. Our DUI defense attorneys aim at exonerating our clients completely and, in many cases, we succeed at having the documents of arrest and charges expunged from the public record.

If you’ve been charged with any of the aforementioned offenses while driving a commercial motor vehicle in Palm Beach, Broward or Miami-Dade County, we urge you to contact us to schedule a free consultation. We have decades of experience in defending cases just like yours. We can help you. Call us at 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you.

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