Commercial truck drivers are held to stricter legal standards than other motorists, especially when it comes to driving under the influence (DUI). Commercial vehicles transport massive amounts of cargo, and their size and weight can cause catastrophic damage in a crash. Accordingly, federal regulations and Florida law impose harsh rules for drivers who hold a Commercial Driver’s License (CDL) and engage in drunk driving.
Keep reading to understand how a DUI conviction can impact your CDL and your ability to continue working.
Florida DUI Laws for Commercial Truck Drivers
For most drivers in Florida, the legal BAC limit is 0.08%. However, for drivers operating commercial vehicles, the limit is lower.
A commercial driver can be charged with DUI while operating a commercial vehicle if their BAC is 0.04% or higher (half the limit that applies to other motorists). Commercial drivers may also face DUI charges if they are impaired by alcohol, illegal drugs, or certain prescription medications that affect their ability to operate a vehicle safely.
Commercial drivers are also required to take a chemical test, such as a breath, blood, or urine test, when requested by law enforcement. Refusing this request can trigger immediate administrative penalties for truckers and may still result in CDL disqualification.
Penalties for Trucking DUI Violations
A DUI conviction can have long-lasting consequences for a commercial truck driver’s career. Federal regulations require states to impose mandatory disqualification periods for CDL holders convicted of drug and alcohol use.
CDL Disqualification Periods
In Florida, a CDL holder convicted of DUI may face a one-year CDL disqualification if the driver was operating a commercial vehicle at the time of the violation. The disqualification period may increase in certain situations.
If the driver was transporting hazardous materials, the CDL disqualification may increase to three years. Additionally, a second DUI offense typically results in lifetime CDL disqualification. The driver may also face CDL suspension or disqualification if they receive a DUI while operating their personal vehicle.
Criminal Penalties
In addition to losing their CDL, commercial drivers may face criminal penalties, which can include:
- Fines and court costs
- Probation
- Possible jail time
- Driver’s license suspension
- Mandatory DUI education programs
These penalties can effectively end a trucking career. Even after a driver completes their disqualification period, trucking companies may be reluctant to hire them with a DUI on their record.
Truck Accident Claims Involving DUI
An inactive license and criminal penalties are not the only serious consequences a truck driver faces when operating a vehicle under the influence. If a truck driver is under the influence of alcohol or drugs and causes a crash, injured victims may have a personal injury claim against the driver and/or their insurance company.
Truck accident claims may result in compensation for damages such as:
- Medical bills and ongoing treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Long-term disability
- Wrongful death damages in fatal 18-wheeler accident cases
In some cases, punitive damages may also be available to punish the at-fault driver or the trucking company for the driver’s decision to operate under the influence. The trucking company may share responsibility for the accident if it failed to properly screen drivers, ignored prior safety violations, or allowed an impaired driver to manage a commercial vehicle.
Contact the Florida Truck Accident Lawyers at Shaked Law Firm, P.A. for Help Today
If you or a loved one has been injured in a collision involving a commercial truck, you should speak with an experienced attorney who can help you understand your legal options. The attorneys at Shaked Law Firm, P.A. represent victims of serious truck accidents across Florida.
Contact us today to schedule a free consultation with a Florida truck accident attorney and learn how we can help you pursue compensation after a DUI truck accident.
Shaked Law Firm, P.A.
20900 NE 30th Ave STE 705
Aventura, FL 33180
(305) 937-0191
*Relocated across the street from Aventura Hospital.
Available 24/7
Sagi Shaked is the founding attorney of Shaked Law Firm, P.A., a Florida-based practice focused on serious truck accident cases. As a Board Certified Civil Trial Lawyer, Sagi is nationally recognized for his legal advocacy, having recovered multi-million-dollar verdicts and settlements for injured victims and their families. He is known for his relentless pursuit of justice on behalf of those harmed by negligence. Click here to view some of the notable case results Sagi has achieved for his clients.
Location: Aventura, Florida, serving statewide.
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