Miami, Florida Commercial Driver DUI Lawyer

Attorney Helping CDL Holders Defend Against DUI Charges in Miami

Commercial drivers play a vital role in Florida's economy by transporting goods, operating buses, and performing other critical services. When a commercial driver is arrested for driving under the influence (DUI), the consequences can be more severe than those faced by non-commercial drivers. A DUI charge can place a commercial driver's livelihood at risk, potentially resulting in the suspension or permanent loss of their commercial driver's license (CDL), even if the alleged offense occurred while the person was driving a personal vehicle.

Because commercial drivers are held to higher legal and professional standards, a DUI arrest can not only threaten their current employment, but it could also limit their long-term career prospects. Whether an accusation involves the use of alcohol, illegal drugs, or prescription medications, the consequences can be swift and serious.

At Stroleny Law: Criminal Defense Attorney, we understand the stakes involved in these cases. Our DUI defense lawyer can provide strategic legal representation to help a commercial driver protect their record and their professional future. Experienced legal guidance is essential in these high-impact cases.

Why Commercial Drivers May Be Charged With DUI

People who operate commercial vehicles can be charged with DUI for a variety of reasons. A CDL holder may be considered impaired due to:

• Consumption of alcohol prior to or while driving
• Using controlled substances like marijuana, methamphetamine, or cocaine
• Prescription medications, over-the-counter drugs, or other substances that can affect alertness, motor skills, or judgment

For most drivers, a blood alcohol content (BAC) of 0.08 percent or higher can lead to DUI charges. However, for commercial drivers, the standard is stricter: a BAC of 0.04 percent or higher while operating a commercial vehicle can lead to DUI charges. Commercial drivers may face CDL suspension or other administrative consequences even if they are not ultimately convicted of a DUI in a criminal court.

The Unique Risks Commercial Drivers Face After a DUI Arrest

Commercial drivers may face more than just criminal penalties after a DUI arrest. Their entire career path can be affected, regardless of whether the incident occurred in a commercial or personal vehicle. The most serious consequences include:

• Disqualification of a CDL for one year for a first DUI offense
• Permanent disqualification of a CDL for a second DUI conviction
• Immediate suspension of a CDL pending the outcome of administrative or court proceedings in a DUI case
• Difficulty finding a job as a commercial driver, even after a CDL is reinstated
• Job loss if a commercial driving position requires a clean driving record or ongoing certification
• Ineligibility for insurance coverage due to a DUI record

Even a single DUI can trigger a disqualification under federal regulations that apply to all commercial drivers in the United States. The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) impose strict requirements on commercial vehicle operators, and employers are often quick to terminate drivers who are arrested for DUI.

A DUI arrest may also put a person at risk of additional charges or penalties if they were transporting hazardous materials, driving a vehicle with passengers, or found to be in possession of illegal substances.

Criminal Penalties for CDL Holders

A commercial driver who is convicted of DUI may be subject to multiple types of penalties. A first-time DUI can result in fines ranging from $1,000 to $2,000, and fines will increase for additional offenses. A DUI conviction may also lead to a jail sentence that could last for up to six months for a first offense or nine months for a second offense. A person's non-commercial driver's license may be suspended or revoked. Other penalties may include community service, probation, or the requirement to use an ignition interlock device on any vehicles a person drives after their license is reinstated.

Defending Against DUI Charges as a Commercial Driver

The stakes of DUI cases are particularly high for commercial drivers, and a strong legal defense can help ensure that a person can protect their livelihood. Our lawyer works with CDL holders to develop strategies that will help to minimize the impact of a DUI arrest. Potential defenses in commercial DUI cases may include:

• Challenging the legality of a traffic stop or arrest
• Disputing the accuracy of BAC testing methods, such as breathalyzer or blood tests
• Demonstrating that the accused was not in actual physical control of the vehicle at the time of the arrest
• Arguing that medications or other substances were taken as prescribed and did not impair a person's driving ability
• Identifying procedural errors made by law enforcement officers or violations of a person's constitutional rights
• Negotiating to have charges reduced or dismissed in exchange for participation in a treatment or diversion program

These cases may involve both criminal and administrative proceedings, and our attorney can assist with all aspects of the legal process, including providing representation in court hearings and administrative license suspension proceedings. He will work to minimize the impact of the charges on a commercial driver's career.

Contact Our Miami, FL Commercial DUI Defense Attorney

As a commercial driver, the consequences of a DUI conviction could jeopardize everything you have worked for. Whether you were driving a truck, bus, or personal vehicle, a DUI charge can threaten your job, your license, and your future. At Stroleny Law: Criminal Defense Attorney, we understand the complexities of CDL-related DUI charges, and we are prepared to defend your rights. Contact our Miami CDL DUI lawyer at 305-615-1285 to set up a free consultation.