Losing Your CDL Due to a DUI in Florida: The Process and Severe Consequences

At “My DUI Guy” a Division of Douglas Law Firm we specialize in CDL issues As a commercial driver in Florida, your Commercial Driver's License (CDL) is essential to your career. A DUI arrest—whether in your personal vehicle or a commercial motor vehicle (CMV)—can trigger devastating consequences, including the loss of your CDL privileges. Florida law, aligned with federal regulations, imposes much stricter standards on CDL holders than on regular drivers. Even a blood alcohol concentration (BAC) as low as 0.04% (half the standard 0.08% limit) can lead to DUI charges if operating a CMV.

At “My DUI Guy”, a Division of Douglas Law Firm, we focus on defending CDL holders in DUI cases. We fight both the criminal charges and the administrative actions that threaten your ability to work. Acting quickly is crucial—many rights are lost if you don't respond within tight deadlines.

The Process After a DUI Arrest for CDL Holders

Florida handles DUI cases for CDL holders through two separate tracks: an administrative process (handled by the Florida Department of Highway Safety and Motor Vehicles – FLHSMV) and a criminal court process. These run independently—the outcome of one does not automatically control the other.

1. The Arrest and Immediate Notice

• Upon suspicion of DUI, the officer will request breath, blood, or urine testing.
• CDL holders receive a special implied consent warning: Refusal results in an automatic 1-year CDL disqualification (or lifetime for a second refusal).
• If your BAC is 0.04% or higher (in a CMV) or 0.08% or higher (in any vehicle), or if you refuse testing, the officer confiscates your CDL on the spot and issues a Notice of Disqualification (along with a temporary driving permit, often valid for 10-30 days depending on the case).
• This applies even if the DUI was in your personal car on your day off.

2. Administrative Disqualification Process (FLHSMV)

• This is separate from court and focuses solely on your driving privileges.
• You have only 10 days from the arrest/date of notice to request a Formal or Informal Review Hearing to challenge the disqualification. Missing this deadline waives your right to contest it administratively.
• At the hearing:
  • The state must prove lawful arrest, reasonable suspicion of impairment, and valid test results/refusal.
  • Your attorney can subpoena officers, challenge test accuracy, question the stop, and present defenses.
• o If the disqualification is upheld, it begins immediately after any temporary permit expires.

3. Disqualification Periods Under Florida Statute § 322.61 and Federal Rules

• First Major Offense (e.g., DUI conviction, BAC =0.04% in CMV, or refusal): Mandatory 1-year CDL disqualification.
• If transporting hazardous materials at the time: 3-year disqualification.
• Second Major Offense (lifetime, any combination of DUI-related offenses): Permanent (lifetime) disqualification – Florida offers no reinstatement, even after 10 years (unlike some states).
• These are "major offenses" under federal and state law, triggering automatic CDL loss regardless of the vehicle driven.

4. Criminal Court Process

• Separate from administrative action. A conviction here will trigger or confirm the full disqualification periods.
• Additional penalties may include: fines, jail time, probation, ignition interlock device, DUI school, community service, and higher insurance rates.
• Even if you win administratively (invalidating the disqualification), a criminal conviction can still impose it.

5. Reinstatement After Disqualification

• For a 1-year (or 3-year) disqualification: After serving the full period, apply to FLHSMV.
• Requirements often include: reinstatement fees, proof of SR-22 or FR-44 insurance, completion of DUI/substance abuse programs, and possibly retaking CDL knowledge/skills tests (especially if over 1 year).
• Lifetime Bans: No reinstatement in Florida.

Critical Warning: Hardship/Business Purposes Only License Does NOT Restore CDL Privileges

Many non-CDL drivers can apply for a Hardship License (Business Purposes Only or Employment Purposes Only) after a suspension, allowing limited driving for work, school, or necessities.

For CDL holders, this option is severely limited:

• Florida law (per FLHSMV and § 322.271, § 322.61) explicitly states: There are no provisions for a disqualified CDL holder to obtain a hardship, business, or employment purposes license to operate a Commercial Motor Vehicle (CMV).
• If eligible for a hardship on your regular (Class E) license, it is restricted to non-commercial vehicles only.
• You cannot legally drive any vehicle requiring a CDL—including trucks, buses, or hazmat vehicles—during the disqualification, even for "business purposes."
• Violating this can lead to further charges, extended disqualifications, and permanent loss of privileges.

This rule often means immediate job loss for professional drivers, as no commercial driving is permitted until full reinstatement.

Additional Long-Term Consequences

• Employment Impact: Many trucking companies have zero-tolerance policies; a DUI arrest (even without conviction) can lead to termination. A disqualification makes finding CDL work nearly impossible.
• Insurance and Financial Burden: Skyrocketing premiums, SR-22/FR-44 filing requirements, court costs, and lost wages.
• Permanent Record: DUI convictions stay on your driving record for 75 years in Florida, affecting future job prospects.
• Federal Reporting: Disqualifications are shared nationwide via the CDLIS system, impacting licenses in other states.

Why You Need Immediate Help from “My DUI Guy”

The 10-day window to request a hearing is your best chance to fight the disqualification before it starts. We can:

• Demand and prepare for the Formal Review Hearing, challenging evidence, and procedures.
• Defend the criminal DUI case to seek reductions, dismissals, or acquittals that preserve your CDL.
• Explore every defense: unlawful stop, faulty testing, medical issues, or procedural errors.

Don't wait—your career is on the line.

Contact “My DUI Guy” today for a free, confidential consultation. We're here to protect all CDL professionals and their families across Florida.

Disclaimer: This page provides general information about Florida CDL laws as of December 30, 2025, and is not legal advice. Laws change frequently, and case outcomes depend on specific facts. Contact “My DUI Guy” a Division of Douglas Law Firm for expert legal representation.