No Withhold of Adjudication for CDL
The federal regulation found in 49 CFR § 384.226 has been adopted by every state, including the State of Florida.
The purpose of the statute is to prevent states from “masking” driving offenses. The statute prevents states from:
- withholding adjudication (called the “withhold of adjudication”);
- deferring imposition of judgment;
- allowing the resolution of the case in a diversion programs; or
- otherwise acting to prevent a conviction for violating a traffic control law from appearing on a Commercial Driver License (CDL) holder’s driving record.
As a result, judges in traffic court for civil traffic infractions and county court judges for traffic misdemeanor cases will not agree to “withhold adjudication” if the defendant is a CDL holder.
The federal anti-masking provision applies to cases in which the CDL holder was operating a Commercial Motor Vehicle (CMV) or a non-CMV (commercial motor vehicle) at the time of the offense.
Can a CDL Enter a DUI Diversion Program?
Anti-masking rules prohibit a Commercial Driver License (CDL) holder from participating in a DUI/DWI diversion program regardless of whether the offense occurred in a personal vehicle or a commercial motor vehicle (CMV)?
For most DUI diversion programs in Florida, the court will not permit any Commercial Driver License (CDL) holder from participating in any DUI/DWI diversion program, regardless of whether the offense occurred in a personal (non-commercial) vehicle or a commercial motor vehicle (CVM).
The Impaired Driving Coalition has published a list of best practices for DUI Diversion Programs in Florida. That list includes a prohibition on allowing a CDL driver to enter a DUI diversion program.
Additional Resources
CDL Informational Publication, Commercial Drivers’ Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations (Second Edition).
This article was last updated on Monday, May 6, 2023.
