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Commercial Driving DUI

A driving under the influence conviction can have a serious impact on anyone’s life. However, no one has their lives so dramatically effected by DUI charges other than commercial drivers. Those holding a commercial driver’s license (CDL) can have their license suspended or even revoked entirely because of DUI charges or refusals.

In addition to losing their livelihood, commercial drivers face the same statutory penalties for driving under the influence of drugs or alcohol. Commercial drivers are also much more likely to be charged or have their license taken for a DUI arrest since the legal limit for commercial drivers is much lower than standard DUI offenders. If you or someone you know has been charged with a commercial DUI, then it’s imperative you seek an experienced attorney.

DUI Defense Attorney for Commercial Drivers in West Palm Beach, FL

Are you a commercial driver who has been arrested for allegedly drunk driving in Florida? Then you may be in need of experienced legal counsel. Your job security and career are on the line so we recommend you find an attorney with the knowledge and resources needed for your case.

The attorneys at Meltzer & Bell, P.A. have been practicing in Florida’s court rooms for collectively 20 years. We have an in-depth understanding of DUI law and want to utilize this information for your case. Call us now at (561) 557-8686 to set up your first consultation free. Meltzer & Bell, P.A. represents people throughout the greater Palm Beach county area including Boca Raton and Palm Beach.

Overview of Commercial DUI in FL

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Florida DUI Laws for Commercial Driver License (CDL) Holders

Florida has specific DUI laws for commercial drivers. The reasoning for this is that CDL holders have a responsibility to their employer and the road to drive clean without substances. A CDL driver who is under the influence could be an extreme threat to the general public because of the size of the load or size of their vehicle. For these reasons, Florida has implemented stricter DUI regulations for commercial drivers.

In Florida, a “commercial vehicle” is any “self-propelled or towed vehicle used on public highways in commence to transport passengers or cargo, if such vehicle”:

  • Has a weight rating of 10,000 pounds or more;
  • Is designed to transport more than 15 passengers including the driver; or
  • Used to transport materials found to be hazardous for the purpose of the Hazardous Materials Transportation Act

Normally, a person is arrested for DUI if they have a blood alcohol concentration level (BAC) of .08 or higher. Commercial drivers, however, have a different legal limit of .04 BAC. So, if a CDL driver has a result of .04 BAC or higher they will be charged with a DUI. This means commercial drivers can face DUI charges for consuming very little alcohol.

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Refusing to Breathalyzer or DUI Testing as a CDL Driver

Many attorneys advise drivers to not submit to breathalyzer, blood analysis or urinalysis when pulled over for DUI. This is because the consequences for refusing chemical DUI testing are usually less harsh than a DUI conviction. Unfortunately, it’s a different story for CDL drivers.

Commercial drivers who refuse DUI chemical tests will automatically be disqualified from using their license for one year. A second refusal will result in you being permanently disqualified form operating a commercial motor vehicle. Submitting and failing a chemical DUI test will also lead to a one-year disqualification.

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Penalties for CDL DUI in Florida

Commercial drivers will also have to face the statutory penalties associated with driving under the influence (DUI). A conviction for driving under the influence can result in:

  • Minimum Fine of $500 and a maximum fine of no more than $1,000;
  • Driver’s license revocation for a minimum of 6 months;
  • Ten-day impoundment or immobilization of the vehicle used;
  • Completion of a 12-hour DUI Substance Abuse Course;
  • Completion of a psychosocial evaluation to determine if treatment is needed;
  • Completion of any recommended substance abuse treatment;
  • 50 hours of community service; and
  • Up to six months in jail

The most daunting aspect of a DUI conviction is the threat to your livelihood. Commercial drivers who are convicted of Dui will have their license disqualified for up to one year with no eligibility for a hardship license. If you were transporting hazardous materials during the offense, then the disqualification is three years. A second DUI conviction will result in you being permanently ineligible to operate a commercial vehicle again.

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Additional Resources

Florida DUI Laws – Visit the official website for the Florida Statutes to learn more about driving under the influence laws. Access the site to learn the penalties, diversion programs, elements and other important information concerning DUI.

FMCSA — The FMCSA is an agency within the United States Department of Transportation that regulates the trucking industry. Visit this website to read about different FMCSA regulations, including civil penalties, petitions for reconsideration and exemptions.

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CDL DUI Defense Lawyer in Palm Beach County, FL

If you or someone you know has been arrested for DUI as a CDL driver, then it’s vital you have legal counsel. For a skilled and resourceful attorney contact Meltzer & Bell, P.A.. Our criminal defense attorneys will do whatever possible to fight your charges.

Call us now at (561) 557-8686 to set up your first consultation free. We want to sit with you and discuss your charges in detail. Meltzer & Bell, P.A. represents people throughout the greater Palm Beach County area including West Palm Beach and Boca Raton.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
Read More
Result:  DUI Dismissed
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I was arrested with a DUI and as soon as I could starting doing research for an attorney. I saw the reviews on Meltzer & Bell and decided to call them. It was a Saturday at 1pm and within minutes of leaving a message I received a call from Matt Shafran. Then by 3pm I was sitting in front of him in the WPB office. Just spending the worst 12 hours of my life, Matt was a life saver. He explained the process and what I needed to do in order to keep my license while he worked on my case. He was always available by cell or email. In less than a month, he was able to get all my charges dropped and didn’t even spend time court.

Thank you, Matt!!! I truly appreciate all of your help and support in clearing my name!!!

E.P.
06 Sep 2023

This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023
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