DUI With Commercial Vehicles

DUI With Commercial Vehicles

There are certain DUI charges that are made to be different, depending on how and when a driver is caught even if in a commercial vehicle. For example, if the driver is under 21, then the legal limit changes to .02 instead of being .08. When a first DUI offense involves DUI manslaughter, the charge is automatically a felony. The same goes for people who commit a DUI offense while they are operating a commercial vehicle. The charges are increased, no matter if it is a first offense or not.

Commercial Vehicle DUI in Orlando Florida

• In Florida, the law says that any person who is driving a commercial vehicle with a blood alcohol limit over .04 is legally drunk. They will be charged with other first offense fines and penalties, however, the amount of blood alcohol in the system is much less. There are also harsher penalties in regards to getting a driver’s license back. For a person convicted of their first DUI, they will not be able to drive a commercial vehicle for one year. Other penalties may also be levied against the person by the judge, if the commercial vehicle included a school bus or other vehicle in which minors were present.

Second Offense Commercial Vehicle DUI

• A person who receives a second offense while operating a commercial vehicle will face penalties and fines like a second offense person operating their own personal vehicle, however, their motor vehicle permit for driving a commercial vehicle will be revoked. They will never again be able to drive a commercial vehicle legally after there are two convictions to their name.

• With a regular DUI, a person has ten days to file a petition to have their driving record reviewed and to get a special permit where they are allowed to still drive that car. It is called a hardship permit and states the person needs the vehicle to get to and from work and to transport any children or family members to various events. In the case of a commercial vehicle driver’s license, they do not get that privilege. The license is suspended automatically and it cannot be regained for one year if it is the first offense. The second offense will result in a permanent loss of the commercial license.

Losing your Commercial Vehicle License via DUI

• The person who loses their commercial license can go to a regular driver’s license, but there will be restrictions on that as well. They might be able to get the license back, but they will not be able to apply for commercial certification ever again in the state. A commercial license might be available in another state, but would require a job change and a potential move for the family.

A DUI attorney in your city will be able to counsel you on what your rights are and what your course of action should be. An experienced lawyer can go through the process and make sure the evidence was obtained in a legal manner or they can ask for the case and the charges to be dismissed, resulting in a clean driving record again.