CDL Disqualifications
Florida law provides for several different actions that can trigger a disqualification. A disqualification can be issued in conjunction with an administrative suspension under section 322.2615, Florida Statutes.
CDL disqualifications can occur under the following circumstances:
- When a CMV operator is arrested for a violation of §316.193 and has an alcohol level of .08 or higher or refuses to submit while operating a CMV or a non-commercial vehicle; or
- When a person holding a CDL license is arrested for a violation of §316.193 and has an alcohol level of .08 or higher or refuses to submit while operating a CMV or a non-commercial vehicle.
When a disqualification occurs, the law enforcement officer might place a commercial motor vehicle operator out of service. That time out of service can range from 24 hours to permanently.
Attorney for CDL Disqualifications in Florida
If you are a commercial driver with a CDL license or if you were operating a commercial motor vehicle when you were arrested for DUI, then contact an experienced DUI defense attorney in Tampa, FL, at Sammis Law Firm.
Our main office is in downtown Tampa in Hillsborough County, FL. We also have a second office in New Port Richey in Pasco County, FL.
Our attorneys represent CLD holders and the drivers of commercial vehicles charged with serious traffic offenses including driving under the influence.
Learn more about the DUI penalties for a CDL Holder in Florida. Let us help you avoid the DUI administrative suspension or disqualification of your commercial driver’s license.
Call (813) 250-0500 today to discuss your case.
Implied Consent for CDL Holder
If you are arrested for DUI and hold a CDL Endorsement, then the following additional implied consent warning must be read:
“In addition, if you are a CDL holder, or were driving a CMV, your refusal to submit to testing will result in the loss of your commercial driving privileges for one year from today. If this is your second refusal, you will be permanently disqualified from operating a commercial motor vehicle.”
A person need not be operating a commercial vehicle at the time of the stop. Instead, the arresting must read this additional warning any time that a Defendant holds a CDL endorsement. The Failure to read the additional CDL language could result in the the administrative disqualification of the CDL being invalidated at a formal review hearing or the refusal being rendered inadmissible at trial.
Formal or Informal Review Hearings for the CDL Driver
If eligible for a permit, the commercial driver must be downgraded to a Class E temporary permit restricted to business purposes only.
A CMV operator may not hold a commercial driver license that is restricted to business or employment purposes. When a CMV operator/CDL holder is disqualified and arrested for a violation of section 316.193, F. S. the review(s) can be conducted as one.
During the hearing, the hearing officer will use the appropriate CDL script.
DUBAL Disqualification for a Commercial Driver in Florida
If the driver was disqualified from operating a commercial motor vehicle for DUBAL in violation of 316.193, F. S. the scope will be as follows:
- Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver’s license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body.
- Whether the person had an unlawful blood-alcohol or breath-alcohol level of 0.08 or higher.
Refusal Disqualification for a Commercial Driver in Florida
If the driver was arrested for a violation of section 316.193, F. S., then the issues for the formal review hearing include:
- Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver’s license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body.
- Whether the person refused to submit to the test after being requested to do so by a law enforcement or correctional officer. Whether the person was told that if he or she refused to submit to such test he or she would be disqualified from operating a commercial motor vehicle for a period of 1 year or, if previously disqualified, permanently.
Decision Making for the Disqualification
Hearing officers at the Bureau of Administrative Review enter orders to sustain the administrative disqualification of a commercial driver’s license using the appropriate CDL order for DUBAL or Refusal. Coding is in addition to the Admin. Susp.
Coding – Formal Sustain
- 195 – Formal Review (Admin. Disq.) Held
- 198 – Admin. Disq. Sustained
- 209 – Final Order of Disq.
Coding – Informal Sustain
- 196 – Informal Review (Admin. Disq.) Held
- 198 – Admin. Disq. Sustain
- 209 – Final Order of Disq.
Fail to Appear
- 199 – FTR Admin. Disq. Formal
- 198 – Admin. Disq. Sustain
- 209 – Final Order of Disq.
Request Withdrawn
- 198 – Admin. Disq. Sustained
Invalidating a CDL Disqualification
If the hearing officer decides to remove both a disqualification and an administrative suspension (for a violation of section 322.2615, F. S.), then removing the administrative suspension deletes the disqualification.
The disqualification may be set aside without affecting the administrative suspension. The hearing officer is trained to use the appropriate regular sustain order and mention setting aside the disqualification in motions.
This article was last updated on Friday, December 7, 2022.
