How does a DUI affect a commercial driver license in Florida?

A commercial driver license (CDL) carries its own DUI rules in Florida, on top of the ordinary ones. A truck, bus or delivery driver who is arrested faces the criminal case, the usual suspension of the regular license, and a separate disqualification from driving commercial vehicles. The rules below come from chapter 322 of the Florida Statutes and from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), checked on October 25, 2026. How the criminal case itself moves from the stop to a verdict is on our main DUI defense page.

Florida law defines a commercial motor vehicle as one with a gross vehicle weight rating of 26,001 pounds or more, one designed to carry more than 15 people including the driver, or one carrying hazardous materials that must be placarded (s. 322.01(8)). The CDL rules reach two groups: anyone driving such a vehicle, licensed or not, and every CDL holder, even when he or she is driving a personal car.

What happens to the CDL after a DUI arrest, step by step?

1. The arrest and the notice of disqualification. If the driver was in a commercial vehicle, or holds a CDL and was in any vehicle, and is arrested for DUI with a breath or blood alcohol level of 0.08 or more, or refuses a breath, urine or blood test, the officer disqualifies the driver from operating any commercial motor vehicle on behalf of FLHSMV (s. 322.64(1)(a)). The officer takes the license and issues a notice of disqualification.
2. The 10-day permit, for regular vehicles only. If the driver is otherwise eligible, the officer issues a 10-day temporary permit that covers noncommercial vehicles only. The disqualification starts on the date of the notice, and the permit expires at midnight on the 10th day (s. 322.64(1)(a), (1)(c)2., 4.). The ordinary suspension of the regular license under s. 322.2615 can run at the same time (s. 322.64(15)). That deadline is explained on our page about keeping your license within 10 days of a DUI arrest.
3. Blood results that come later. When a blood test was taken and the result is not back at the arrest, the agency sends it to FLHSMV within 5 days of receiving it. If the result is 0.08 or higher, FLHSMV issues the disqualification itself (s. 322.64(1)(a), (3)).
4. Day 1 to day 10: ask for a review. The driver may request a formal or an informal review of the disqualification within 10 days of the notice and may send FLHSMV any materials relevant to it (s. 322.64(1)(c)3., 5.). A request does not pause the disqualification (s. 322.64(9)). Palm Beach and Broward requests go to FLHSMV's Bureau of Administrative Reviews office in Lauderdale Lakes, which FLHSMV lists for both counties.
5. The hearing. A formal review must be scheduled within 30 days of the request, or FLHSMV must invalidate the disqualification (s. 322.64(6)(a), (9)). The hearing officer decides only whether the officer had probable cause and whether the driver was at 0.08 or more, or refused after the proper warning (s. 322.64(7)). If a subpoenaed arresting officer or breath technician does not appear, the disqualification must be invalidated (s. 322.64(11)). How these hearings run is covered in what happens at a DUI formal review hearing.
6. The criminal case. The DUI charge goes forward in county court where the stop happened, prosecuted by the State Attorney for that circuit. A conviction brings its own CDL disqualification under s. 322.61, on top of anything FLHSMV did after the arrest. The penalty side of a conviction is on our page about Florida DUI penalties.

The license review and the criminal case do not control each other. FLHSMV's decision is not considered at the criminal trial, a written statement in the review request cannot be used against the driver there, and the outcome of the criminal case does not change a disqualification imposed after the arrest (s. 322.64(14)).

How long is a CDL disqualified after a DUI?

For the disqualification that follows an arrest, s. 322.64 points to the periods set by the federal rule at 49 C.F.R. s. 383.51 (s. 322.64(1)(c), (8)). In a refusal case, the hearing officer checks whether the driver was told the disqualification would last 1 year, or be permanent after an earlier one (s. 322.64(7)(b)3.). FLHSMV's summary of the law states the same: 1 year for a first disqualification and permanent for a second. Florida law also counts the arrest-based disqualification as a conviction for working out those federal periods (s. 322.64(1)(b)).

Is the limit 0.08 or 0.04 for a truck driver?

Both numbers matter, at different stages. The arrest-based disqualification in s. 322.64 is tied to the 0.08 level used for every driver. The conviction-based rules go lower for anyone behind the wheel of a commercial vehicle. Under s. 322.62, a person with any alcohol in his or her body may not drive a commercial motor vehicle in Florida; doing so is a moving violation with an immediate 24-hour out-of-service order. At 0.04 or more in a commercial vehicle, the driver is subject to the 1-year disqualification in s. 322.61 (s. 322.62(2)(b); s. 322.61(3)(b)2.). FLHSMV's CDL handbook puts it plainly: it is illegal to operate a commercial vehicle at 0.04 percent or more.

Section 322.62 does not replace the ordinary DUI law. A commercial driver can still be prosecuted for DUI under s. 316.193 whether or not he or she is also charged under s. 322.62 (s. 322.62(3)). Commercial drivers also have their own implied consent statute for breath, blood and urine testing (s. 322.63). What a refusal brings for every driver is covered on our page about refusing the breath test in Florida.

Does a DUI in my own car count against the CDL?

Yes. The arrest-based disqualification applies to a CDL holder "while operating or in actual physical control of a motor vehicle," not only a truck (s. 322.64(1)(a)). The conviction-based disqualification does too: a CDL holder convicted of DUI, or of refusing a test, while driving a noncommercial vehicle is disqualified for 1 year (s. 322.61(3)(b)). A second such conviction from a separate incident in any vehicle is permanent (s. 322.61(5)). FLHSMV's CDL handbook adds that a CDL holder whose personal driving privilege is revoked, cancelled or suspended for alcohol, controlled substance or felony violations loses the CDL for 1 year, and for life on a second violation.

Can I get a hardship license to drive a truck?

No. A person disqualified under s. 322.64 may qualify for a business or employment purposes license under s. 322.271, but that license "shall not authorize the driver to operate a commercial motor vehicle" (s. 322.64(10)). FLHSMV's summary says there are no provisions for a disqualified driver to obtain a hardship license to operate a commercial vehicle, and its CDL handbook repeats it. A driver disqualified after a conviction may, if otherwise qualified, be issued a Class E license (s. 322.61(8)), and no CDL may be issued while the person is disqualified or the driving privilege is suspended, revoked or canceled (s. 322.271(6)). Who qualifies for the Class E hardship license, and how to apply, is on our page about a hardship license after a DUI.

Driving a commercial vehicle while disqualified is a crime of its own: a first-degree misdemeanor on a first conviction and a third-degree felony on a second (s. 322.34(7)). The general rules for driving while suspended are on our page about driving on a suspended license in Florida.

What changes the answer?

• The vehicle. In a commercial vehicle, any alcohol is a violation and 0.04 is the conviction line (s. 322.62); in a personal car, the CDL rules apply only because the driver holds a CDL (ss. 322.61(3)(b), 322.64(1)(a)).
• Hazardous materials. A disqualifying conviction while carrying hazardous materials brings 3 years instead of 1 (s. 322.61(4)).
• An earlier disqualification. A second arrest-based disqualification, or a second disqualifying conviction from a separate incident, is permanent (ss. 322.64(7)(b)3., 322.61(5)).
• A reduced charge. Reckless driving is a "serious traffic violation" for CDL purposes (s. 322.61(1)(b)). Two within 3 years in a commercial vehicle bring 60 days; for a CDL holder in a personal car, they count when the convictions lead to a suspension, revocation or cancellation (s. 322.61(1)). How a reduction works in general is on our page about whether a DUI can be reduced to reckless driving.
• The test result. At 0.15 or more, a judge may not accept a plea to a lesser offense (s. 316.656(2)(a)).
• Earlier DUI convictions. They raise the criminal penalties and the regular revocation periods, as explained on our page about repeat DUI offenses.

A worked example

For example, take a hypothetical delivery driver with a Class A CDL who is stopped in Fort Lauderdale in his own pickup and blows 0.09. Because he holds a CDL, the officer issues both a notice of suspension of his regular license and a notice of disqualification of his commercial privilege, and his 10-day permit covers noncommercial vehicles only. Within 10 days he can ask for formal reviews of both, but asking does not let him drive the truck in the meantime. If the disqualification is upheld, it lasts 1 year from the notice date. If he is later convicted of DUI from that night, s. 322.61(3)(b) adds a 1-year conviction-based disqualification. He may be able to drive his pickup to work on a Class E hardship license, but not the delivery truck. Now change one fact: he was driving the company box truck and blew 0.05. That is below the 0.08 level that triggers the arrest-based disqualification and the regular suspension, but any alcohol in a commercial vehicle puts him out of service for 24 hours, and a conviction under s. 322.62 at 0.04 or more would bring the 1-year disqualification. The driver and facts are invented; no outcome is predicted for any real case.

Common mistakes people make

• Assuming a stop in a personal car leaves the CDL alone. Both the arrest-based and the conviction-based rules reach CDL holders in any vehicle.
• Driving a commercial vehicle on the 10-day permit. It covers noncommercial vehicles only (s. 322.64(1)(a)).
• Requesting a review of only the regular suspension and not the disqualification, or the reverse; they are separate notices.
• Waiting to tell the employer. FLHSMV's CDL handbook says a driver must notify the employer within two business days of a suspension, revocation, cancellation or disqualification.
• Agreeing to a reduced charge without checking how it counts for the CDL, including reckless driving as a serious traffic violation.
• Expecting a hardship license for the truck. Florida has none.

What to do this week

1. Find the date on the notice of disqualification and on any notice of suspension, and count 10 days.
2. Write down whether you were in a commercial or a personal vehicle, its weight rating, and whether it was placarded.
3. Note the breath or blood result on the paperwork, or whether you were recorded as refusing.
4. List every earlier disqualification, DUI, refusal and serious traffic violation, in any state, with dates.
5. Tell your employer as the handbook requires, and keep a copy of what you sent.
6. Talk with a defense attorney before day 10 about reviewing both notices.

Frequently asked questions

Will I lose my CDL before I am convicted?

Possibly. The arrest-based disqualification starts on the date of the notice, at a result of 0.08 or more or a refusal, and does not wait for the criminal case (s. 322.64(1)(c)2.). A review can sustain, amend or invalidate it.

Can the CDL disqualification be thrown out at the hearing?

It can be invalidated if FLHSMV does not schedule the formal review within 30 days of the request (s. 322.64(9)), or if the arresting officer or breath technician does not appear after a subpoena (s. 322.64(11)). Otherwise the hearing officer decides the limited questions in s. 322.64(7).

Does a not guilty verdict restore my CDL?

Not automatically. The statute says the outcome of the criminal case does not affect a disqualification imposed after the arrest (s. 322.64(14)). It does avoid the separate conviction-based disqualification under s. 322.61.

What does it cost to get the CDL back after a disqualification?

A $75 service fee for reinstatement after a disqualification, plus the license fee (s. 322.21(8)). FLHSMV's fee schedule lists $75 for an original or renewal CDL. Reinstating the regular license after a DUI is a separate set of steps, explained in how to get your license back after a Florida DUI revocation.

Can I take a driver improvement course to avoid points?

No. FLHSMV's CDL handbook says CDL holders are not eligible to elect a driver improvement school to avoid points, even for a ticket in a personal car. How points add up is on our page about Florida license points and suspensions.

How can Mr. Mead help?

For a commercial driver, the first 10 days decide a lot, and two notices may need attention at once. Mr. Mead has more than three decades of criminal defense in South Florida, and he can review the notices, the test records and the stop with you, explain how each possible result counts for the CDL, and handle the criminal case in Palm Beach, Broward, Miami-Dade or Martin County. Local court details are on our Broward County page. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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