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Will a DUI in Your Personal Vehicle Affect Your CDL?
A DUI in your personal vehicle will affect your Commercial Driver’s License (CDL). It does not matter if you are driving a personal vehicle such as a car, van or SUV, a DUI will count against your commercial driver’s license regardless of what you are driving. For a first DUI conviction, a CDL holder will lose their CDL license for 1 year. A second offense results in a permanent loss of the CDL.
In a personal vehicle, the prohibited breath, or blood alcohol level is .08. So if you are driving your personal vehicle and have a CDL you will not lose either license if you take a breath test and blow under a .08. However, if you have a CDL, even if you are driving your personal car, you will lose your CDL for refusing to take a breath, blood or urine test that has been lawfully requested. For a first refusal, your CDL will be suspended for 1 year and you will lose it permanently if you refuse and have previously refused a lawful test of your breath, blood, or urine.
Further, if you are arrested for DUI there is a federal law which has been adopted in every state known as the Federal Anti-Masking law. This law is found in the Code of Federal Regulations (“CFR”). Specifically 49 CFR 384.226 states:
- 384.226 Prohibition on masking convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
This means that if you have a CDL and complete a pretrial diversion program which results in the DUI charge being dismissed, you still get a strike against your CDL and lose it for 1 year for a first offense or permanently for a second or subsequent offense. However, most State Attorney’s Offices will not allow a person with a CDL to enter a DUI Diversion program.
It is also important to note that you do not need to receive a DUI or blow over a .08 to get a strike against your CDL. However, this only applies if you are driving a commercial vehicle. When you are driving a commercial vehicle Florida has a zero tolerance law which differs from our DUI statute. In a DUI investigation, a breath test for evidentiary purposes is only allowed to be given after a lawful arrest. That is why in Florida officers generally do not use preliminary (roadside) breath test devices when investigating a DUI. However, when a commercial motor vehicle is involved, Florida law allows the use of a preliminary breath test (“PBT”) device.
Florida’s Zero tolerance law makes it a moving violation to drive a commercial vehicle in this state with any alcohol in the driver’s system at all. A driver who is found with any alcohol in their system is immediately put out-of-service for 24 hours and receives a citation.
If a commercial vehicle is being driven and the driver has a blood or breath alcohol level greater than or equal to .04 (half the ordinary legal level) they are subject to disqualification from driving a commercial vehicle for 1 year for a first offense and permanently for a second offense.
Call Our board certified* Expert DUI Defense Lawyers
Trust the seasoned expertise of Orlando Criminal Team’s DUI defense attorneys. Our skilled legal team knows the ins and outs of DUI law and is committed to fighting tirelessly for your rights. With personalized strategies and a relentless pursuit of justice, we’ll work to minimize the impact of your charge on your life. Don’t let a DUI derail your future. Reach out to us now to start building your defense.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
