West Palm Beach CDL DUI Lawyer
A DUI arrest is a direct threat to anyone whose livelihood depends on a commercial driver’s license (CDL). Under Florida and federal regulations, professional drivers are held to a higher standard of conduct than the general public. If you are a commercial driver, a first-time conviction or administrative finding leads to a mandatory disqualification that puts your career at risk. The legal system in Palm Beach County moves quickly, and administrative consequences often begin before you ever step into a courtroom.
I’m attorney Daniel Lewin, and at The Lewin Law Firm, PLLC, I understand that your CDL provides your family’s financial stability. I provide the representation necessary to challenge the state’s evidence and your professional standing. Because I focus entirely on criminal defense, I am familiar with the technicalities involved in commercial vehicle stops, Federal Motor Carrier Safety Administration (FMCSA) standards, and chemical testing procedures. I will work directly with you to build a defense aimed at keeping your license.
You Have Only 10 Days To Challenge An Administrative Suspension
Under Florida Statute § 322.2615, you must request a formal review hearing within 10 days of your DUI arrest to contest an administrative license suspension. Upon arrest, the officer typically confiscates your physical license and issues a citation that serves as a 10-day temporary permit. If you do not request a hearing before this window closes, your driving privileges are automatically suspended.
For commercial drivers, this hearing is an opportunity to challenge the basis of the stop and the legality of the breath or blood test before an administrative disqualification takes effect. I prioritize these administrative filings, so we do not miss this window to fight for your right to drive.
Commercial Drivers Face A Much Lower Legal Alcohol Limit
The legal blood alcohol content (BAC) limit for anyone operating a commercial motor vehicle (CMV) in Florida is .04%. This threshold is exactly half of the .08% limit that applies to non-commercial drivers. A DUI conviction or a chemical test refusal in your personal vehicle also triggers a mandatory one-year disqualification of your CDL under Florida Statute § 322.61.
Drivers hauling hazardous cargo face a three-year disqualification period for the offense. Any second DUI results in a lifetime ban from holding a commercial driver’s license in Florida. These rigid rules make specialized DUI defense necessary for anyone whose job requires a valid CDL.
Answers To Common Questions About CDL DUI Charges
Below are some of the most common questions I get from my clients and my answers to them. Please note that these answers are provided for general informational purposes only and may differ based on the specific facts of your case. Calling my office to schedule a consultation can help you better understand how the law applies to your situation.
What should a commercial driver do if charged with a DUI in Florida?
Avoid making self-incriminating statements to law enforcement and contact an attorney immediately to request a formal review hearing. Securing a copy of the police report and any available video footage is helpful for identifying procedural errors that could invalidate the suspension.
How does a DUI conviction affect a commercial driver’s license in Florida?
A first conviction leads to a mandatory one-year disqualification of your CDL. While Florida law prohibits the issuance of a “hardship” license for the operation of a commercial vehicle, you may be eligible to apply for a “Business Purposes Only” (Class E) hardship license to maintain transportation in a personal vehicle.
Can a DUI charge be reduced or dismissed for a commercial driver in Florida?
Yes. I work to identify constitutional violations or flaws in the testing process that can lead to a dismissal of the criminal charges. In some cases, negotiating for a reduction to a nonalcohol-related offense, such as reckless driving, can prevent the automatic disqualification of your CDL.
Protect Your CDL
The stakes of a DUI charge are high that’s why it’s crucial to speak to a lawyer you can trust. I offer the advocacy needed for the complexities of commercial license defense. If you are a commercial driver facing a DUI in Palm Beach County, do not wait for the 10-day deadline to pass. Call me at 561-710-2819 or reach out online to talk about your case and begin your CDL defense.