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DUI Vehicle Impoundment We Fight For Your Freedom

Commercial Vehicle DUI

The state of Florida has extremely strict laws for those who drive for a living. As a commercial driver, the Sunshine State expects you to act professionally while on the road. This even extends to when you are not driving your work vehicle. Even someone caught drinking and driving in their personal car will receive severe sanctions if they are in fact a commercial driver.

With this tough stance on commercial driving under the influence, if you have been accused of the act, it is important to begin the process of developing a defense strategy that effectively refutes the charges against you with a qualified criminal defense attorney

Melbourne Commercial DUI Attorney

Considering all the negative consequences that come with a commercial DUI conviction, knowing your options and approaching the situation in the most productive manner is vital in fighting the charges and keeping your freedom intact.

The attorney at The Law Offices of Bryan J. McCarthy are experienced, full-service criminal defense lawyer who is prepared and willing to represent you throughout the entire criminal process. This dedication to providing excellent client service while focusing intently on ensuring your individual rights are protected make the firm an important ally in your case.

To schedule a free and confidential consultation to go over the details of your pending case, call (321) 253-3447 or send an online message. The Law Offices of Bryan J. McCarthy proudly represent individuals accused of misdemeanor and felony crimes in and around the Florida cities of Melbourne, Viera, Titusville, Orlando, Winter Park, Belle Island, Deltona, Sanford, Winter Springs and Kissimmee, among many others.

Commercial DUI under Florida Law

The state has explicit laws on the books regarding commercial drunk driving. Florida Statute §322.62(b) states that a person who violates this law with a blood alcohol level of .04 or more will be charged with a commercial vehicle DUI.

If the person is charged with a commercial DUI while having a BAC of .04 or more, the potential penalty may be up to 6 months in jail and / or fines of up to $500, along with an administrative license suspension for up to 18 months.

In addition to the presumptive future sentencing if convicted, the alleged offender will also be placed out-of-service immediately for a period of 24 hours following the arrest (§322.62-2a).
If convicted of driving under the influence, the driver will be disqualified from operating a commercial motor vehicle for a period of one year.

Additional terms for commercial driver disqualification may include: refusal of a breath or blood test, operating a commercial vehicle while under the influence of a controlled substance or of alcohol, or driving a commercial vehicle while in possession of a controlled substance.

A second DUI conviction or conviction for any of the other terms listed above will result in permanent disqualification from driving a commercial vehicle. A second conviction within five years of the first conviction may also lead to a fine of up to $1,000, up to nine months in jail (with a mandatory minimum ten day imprisonment), impoundment of the offender’s vehicle for thirty days (if the second conviction is within three years of first conviction), and a driver’s license suspension of at least five years.

Additionally, according to Fla. Stat. §322.62, a person who has ANY alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle in Florida. This will result in a traffic infraction if convicted. As for the penalties, someone convicted of a traffic infraction due to impaired driving will have to pay a fine not to exceed $500.

Definition of Commercial Vehicle

Florida law defines commercial vehicles to including any of the following types of vehicle driven on the streets of highway of this state:

  • Vehicles with a declared maximum weight for purposes of registration when loaded of over 26,000 pounds (as defined in Florida Statute Chapter 320);
  • Vehicles with a “gross vehicle weight rating” of more than 26,000 pounds (as defined in Florida Statute Section 322.01(22));
  • Vehicles with a combined weight including the weight of the load as figured by the fixed scale operated by a portable scale operated by any law enforcement officer or a fixed scale operated by the State of Florida;
  • Vehicles designed to transport a driver and more than 14 passengers; or
  • Vehicle that must be placarded, in order to transport hazardous materials.

The Law Offices of Bryan J. McCarthy | Brevard County Commercial DUI Arrest Lawyer

If you or a loved one has been charged with a commercial DUI in Florida, now is the time to start working towards a favorable solution to this life-altering problem. Not only will you have to deal with the consequences of a DUI conviction, your livelihood will also be in great peril considering the penalties that Florida designates for commercial vehicle offenders.

With the help of The Law Offices of Bryan J. McCarthy, you can take the steps necessary to protect your social, professional and financial future by developing a strong defense strategy that focuses on getting these charges reduced or dismissed. Having a great deal of experience in similar cases, the legal team can be counted on to professionally represent you in an effective manner while guaranteeing that your rights are protected.

Call or send an online message to schedule a free and confidential consultation today. The Law Offices of Bryan J. McCarthy proudly represent individuals in and around Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County.

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    I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!”
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    Travis and I and our entire family would like to thank you for the excellent job you did on the recent Traffic Ticket case against Travis. We found you to be very generous, very professional, and very competent. Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future. You also saved me from an economic expense that I could ill afford at this time. I heard a rumor that you might be thinking about a possible run for the State Legislature in the future. You would certainly have my vote and my support with everyone I know. We would highly recommend you to anyone who is in need of a good attorney. You have given us a new and much improved opinion of the legal profession. Very best wishes for the future and much appreciation for the job you did.
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