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No Withhold of Adjudication for CDL

49 CFR § 384.226 is a federal regulation that 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 federal regulation found in 49 CFR § 384.226 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 the offense occurring 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 include 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 Thursday, June 18, 2020.

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