What to Know About Commercial DUI

As a driver on Florida’s roadways, you may know that the blood alcohol content (BAC) limit is 0.08. This means driving with this BAC or higher is illegal and can lead to various penalties, including fines and license loss.

But for commercial drivers, the stakes are higher and the legal BAC is much lower. They must abide by a BAC of just 0.04, which is half of the legal limit for non-commercial drivers.

While this can seem harsh, it’s for good reason. Those penalties are in place to assure that only the safest commercial driver’s license holders in Florida operate on the state’s roads. The consequences are too severe to allow an unsafe, careless, or intoxicated driver to attempt to handle a possibly 80,000 pound vehicle on the roads.

Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) has the authority to suspend a commercial driver’s license for numerous reasons. One of those reasons is driving under the influence. Under Florida Statutes Section 322.61, a truck driver can get their license suspended for a period of one year for driving while under the influence of alcohol or a controlled substance or while driving a commercial motor vehicle while their alcohol concentration is .04 or higher.

There is a difference between these two. A driver can have a BAC of .03 or lower and be considered under the influence if they are engaging in dangerous behavior such as running red lights or stop signs, veering in and out of lanes, or driving recklessly in other ways. A person who is pulled over for suspected drunk driving and has the signs of intoxication, such as glassy eyes and the smell of alcohol on their breath, can also be arrested for DUI.

A conviction for a DUI carries an automatic one-year suspension of a commercial driver’s license with no possibility of obtaining a hardship license. The length of a suspension increases to three years if the driver was hauling hazardous materials at the time of the DUI.

The Federal Motor Carrier Safety Administration can add additional penalties. They may suspend a license for 60 days up to life for a DUI charge. Those penalties are in addition to the penalties levied by the FLHSMV. Besides a license suspension, a driver can also face hefty fines, driving school, and even jail time.

Contact Us Today 

When you’re a commercial truck driver, DUI laws are stricter. These drivers are held to higher levels of safety and drinking too much alcohol before driving can put your license at risk.

Protect your license and legal rights with help from a Fort Myers commercial DUI attorney from Hollander & Hanuka. We are thoroughly familiar with Florida’s DUI laws and are experienced in defending drivers holding all types of licenses. We take an aggressive approach to every case. To schedule a consultation, call our office at (239) 332-3300 (Fort Myers) or (239) 530-1800 (Naples).

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.61.html