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DUI Laws & Penalties: Commercial Motor Vehicles

Operating a Commercial Motor Vehicle with Unlawful BAC: §322.64

In Tampa, Florida, different regulations are in place for drivers of commercial vehicles, especially in relation to DUI laws and penalties. If driving a commercial motor vehicle with a blood alcohol concentration of 0.08% or higher, a driver may be charged with a DUI. Subsequently, if a driver refuses to consent to a chemical or physical test, certain consequences may result, as well.

Operating a Commercial Motor Vehicle: DUI Consequences

  • Refusal to Submit to Chemical or Physical Test- s. 322.63: (Including, but not limited to, a blood, urine, or breath test) Disqualification of commercial driver's license
  • Unlawful Blood Alcohol Level- s. 316.193: Arrest; Disqualification of commercial driver's license
  • Disqualification of Commercial Driver's License: 1 year if first time, permanently if following a previous conviction of unlawful BAC or refusal to submit to a chemical test

The disqualification of a commercial driver's license begins on the date of the issuance of the notice of disqualification. They can request either a formal or an informal review hearing, however, to review the circumstances of the disqualification. This means that the reports of the law enforcement officer, including any of the documents related to a breath or blood test that may have been administered, will be reviewed. The driver may also choose to subpoena the officer who administered any tests, as well.

Formal & Informal Review Hearings

  • If the department fails to schedule a hearing within a 30 day period after the request was made, the disqualification of a commercial license will be invalidated
  • For the duration of a review hearing, the department will issue a temporary driving permit for non-commercial vehicles only
  • After a review hearing has been conducted, the disqualified driver may appeal the decision with a petition to the circuit court

To view the Florida statute regarding commercial motor vehicles, click here.

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