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.