Drivers of commercial motor vehicles are subject to different administrative suspension and disqualification regulations than non-commercial motorists. Therefore, a commercial driver may face a license suspension for a DUI charge when most other drivers would not. To defend against these accusations and protect your license, consult with a Ft. Lauderdale commercial driver license suspension lawyer.
License Penalties for Commercial Drivers
There is a schedule of administrative disqualifications for those operating a commercial vehicle while under the influence of alcohol or other controlled substances. This schedule is as follows:
- 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. Immediate disqualification also may occur 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, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of the period of disqualification. A lawyer in Ft. Lauderdale could help a commercial driver with their license suspension.
Reinstating a CDL After Suspension
It is important to note that once the suspension time has expired, commercial driver may still need to take a few steps to get their license back. For instance, they may need to pay a fine of $130 if the suspension was a result of a DUI, complete a substance abuse course, or retake the CDL exams.
Additionally, if a commercial driver reaches out to a Ft. Lauderdale attorney about their license suspension within the first 10 days of disqualification, their lawyer may be able to appeal this decision. Therefore, a trucker should contact our team as quickly as possible to collect their driving rights.
Speak with a Ft. Lauderdale Commercial Driver License Suspension Attorney
The attorneys at our firm are uniquely skilled to represent you in cases such as these, because all of our lawyers are former prosecutors. 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. To learn more about your options, seek help today.