DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions and Disqualification From Operating a Commercial Motor Vehicle 322.61, F.S.

Additional Penalties for Commercial Motor Vehicle Drivers

In Florida, DUI penalties can be devastating to commercial motor vehicle drivers. Their livelihood depends on their driving, it is important that they be aware of the possible consequences of driving a commercial motor vehicle while impaired.
 
Florida Statute 322.61 set forth the disqualifications for persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above, refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance. These penalties are in addition to any provisions of s. 316.193 for DUI convictions.

1. First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1-year disqualification
   
2. Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): permanently disqualified.
   
3. First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.
   
4. Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
   
5. There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.
   
6. The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.