Consequences of a DUI Refusal for a CDL Holder
When a DUI defense attorney represents a client who holds a CDL, the attorney must be aware of both state and federal laws that apply to the case. The consequences of a DUI refusal impact the CDL holder differently than non-CDL holder.
When a CDL holder is arrested for DUI and refused the chemical test, they face three issues:
- the criminal charge for DUI in court;
- the administrative suspension of of the driver license for refusal to submit to a breath, blood, or urine test under Florida Statute §322.2615, and
- the disqualification of the CDL holder’s privilege under Florida Statute §322.64.
The most common scenario involves a CDL holder being arrested after driving their personal (non-commercial) vehicle for DUI. After the DUI arrest, the officer might request a breath test. The arresting officer is supposed to give the following warnings pursuant Florida Statute §316.1932:
- the implied consent warrant pursuant to Florida Statute §322.2615, which applies to the driving privilege more generally;
- the implied consent pursuant to Florida Statute §322.64 which is specific to CDL holders.
If the CDL holder still refuses to provide a breath sample, the arresting officer will trigger the consequences of that refusal. For example, the arresting officer will trigger the DHSMV’s administratively suspension of the CDL holder’s driving privileges.
The CDL holder should then demand a formal review hearing to contest the administrative suspension. The DHSMV must schedule that formal review hearing within 30 days of the demand being filed.
During the administrative review process, the DHSMV hearing officer must provide procedural due process and determine whether competent substantial evidence supports the suspension or disqualification.
At the formal review hearing, the CDL holder must decide whether to:
- set aside the disqualification of CDL holder’s Class B commercial driver license (“CDL”) under section Florida Statute §322.64., and
- the suspension under Florida Statute §322.2615.
If the disqualification is not set aside at the formal review hearing, even for a first offense of DUI is one year.
Difference Between the Suspension and Disqualification
When the CDL holder possesses a Class B CDL, an argument could be made that the only driving privilege that could be suspended or disqualified was the privilege afforded by the Class B CDL.
In general, the issuance of a driver license is governed by Chapter 322, Florida Statutes. Florida defines a driver license as “a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. s. 30301.” Florida Statute §322.01(17).
Additionally, “[a] person may not have more than one valid driver license at any time.” Florida Statute §322.03(1)(b).
Class B is the second broadest classification of driver license permitting the person who possesses a valid Class B CDL to “drive any class of motor vehicle, other than the type of motor vehicle for which a Class A driver license is required, within this state.” Florida Statute §322.54(2)(b).
The narrowest classification is a Class E license which permits the holder to “drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, or Class C driver license is required, within this state.”
Issues at the Formal Review Hearing for the Suspension
If a Class E license is suspended for refusal to submit to a blood-alcohol test the person whose license was suspended may seek formal review of the suspension before a hearing officer. See Florida Statute §322.2615.
During the formal review hearing, the scope of the hearing officer’s review is limited to the following:
- Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
- Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.
- Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
Florida Statute §322.2615.
Issues at the Formal Review Hearing for the Disqualification
The procedure for suspension of a Class B license is set forth in Florida Statute §322.64. The person whose license was suspended may request a formal review hearing.
Although the scope of review for the hearing officer as to the first and second prongs is substantially similar, the third prong includes this additional issue:
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 under this section, permanently.
Florida Statute §322.64(7)(b)(3).
Additionally, Aection 322.64(15) provides:
“This section does not preclude the suspension of the driving privilege pursuant to s. 322.2615. The driving privilege of a person who has been disqualified from operating a commercial motor vehicle also may be suspended for a violation of s. 316.193.”
Filing a Petition for Writ of Certiorari to Contest the Administrative Suspension
If the CDL holder is unsuccessful of invalidating the administrative suspension and disqualification, the CDL holder can seek review of the Administrative Order entered by the Department of Highway Safety and Motor Vehicles (DHSMV), sustaining the following:
- the suspension of the driver license for refusal to submit to a breath, blood, or urine test under Florida Statute §322.2615, and
- setting aside the disqualification of the CDL holder’s privilege under Florida Statute §322.64.
The petition ask the circuit court to grant the Petition for Writ of Certiorari and enter an order quashing the order suspending the driver license that was entered by the hearing officer, and reinstated the driving privilege. The Circuit Court has jurisdiction to consider the Petition for Writ of Certiorari pursuant to Rule 9.030(c)(3), Florida Rules of Appellate Procedure and Florida Statute §322.31 (2021).
In reviewing an administrative agency decision, the Court must consider:
- whether procedural due process was accorded to the parties;
- whether the essential requirements of law were observed; and
- whether the administrative findings and judgment are supported by competent substantial evidence.
Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995)(citing City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)).
The Court is not entitled to reweigh the evidence or substitute its judgment for that of the agency. See Dep’t. of Highway Safety and Motor Vehicles v. Trimble, 821 So. 2d 1084, 1085 (Fla. 1st DCA 2002).
Lengths of the CDL Disqualification after a DUI Refusal
If a CDL holder operates a motor vehicle and is convicted of being under the influence of alcohol as prescribed by State law, then the following CDL disqualifications are required under state and federal law:
- For a first conviction or refusal to be tested while operating non-CMV:
- one year;
- For a first conviction or refusal to be tested while operating a CMV:
- one year;
- For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F):
- three years;
- For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this article while operating a CMV:
- lifetime.
- For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this article while operating anon- CMV:
- lifetime.
Additional Resources
CDL Disqualification for Major Offenses – Read more about the CDL Disqualification for Major Offenses such as Driving under the influence (DUI), refusing to submit to DUI chemical testing, leaving the scene of a crime (hit and run), negligently causing a fatal accident; and committing a felony using a vehicle.
This article was last updated on Friday, May 8, 2026.