For a commercial driver, a DUI threatens far more than a personal license, it threatens a livelihood. Florida’s CDL rules are stricter than the standard ones, there is no hardship option for commercial driving, and the disqualification runs on its own track. Here is what a CDL holder needs to know.
One year, then permanent
A first DUI conviction disqualifies your CDL for one year, and a second disqualifies it permanently. Critically, this applies even when you were driving your own personal car at the time, not a commercial vehicle. And there is no hardship or business-purposes license for commercial driving, so a disqualification means no commercial driving at all for its duration. While operating a commercial vehicle, the alcohol limit is also stricter, 0.04 rather than 0.08.
Request the CDL hearing alongside the formal review
The CDL disqualification under section 322.64 is a separate proceeding from the standard administrative suspension, with its own scope of review. You should request a hearing on it at the same time you demand the formal review hearing, so both suspensions are challenged. The CDL hearing has its own defenses, including whether the officer had probable cause to believe you held a CDL and whether the proper implied-consent warning was given in a refusal case.
The rules are stricter for commercial drivers
A commercial license is held to a harder line. The legal limit in a commercial vehicle is a 0.04 reading, half the standard limit, and a DUI in your personal car still disqualifies the commercial privilege. Under section 322.61, a first DUI conviction disqualifies the CDL for at least one year, or three years if you were hauling hazardous materials, and a second conviction, in any vehicle, is a lifetime disqualification, with reinstatement possible only after ten years and only in some cases. Refusing a lawful test in a commercial vehicle triggers its own disqualification under section 322.63.
There is no hardship CDL
This is the part that ends careers. Florida law allows no hardship or restricted commercial license, so a disqualified driver cannot operate a commercial vehicle until the full period runs. A Class E hardship for personal driving may still be available under sections 322.251 and 322.271, but it does nothing for the commercial privilege. Because the stakes are a livelihood, the CDL disqualification is worth challenging alongside the formal review hearing.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I demand the formal review hearing in DUI cases and appear at the Tampa and Clearwater Bureau of Administrative Reviews offices, because that hearing protects your license and locks in the officers early. Learn more about my background.
CDL questions
Does a DUI disqualify a commercial driver license?
Yes. A first DUI conviction disqualifies a CDL for one year, and a second results in a permanent disqualification. This applies even if you were driving your personal vehicle, not a commercial one, at the time of the arrest. The CDL consequences are separate from and harsher than the standard license consequences.
Is there a hardship CDL in Florida?
No. There is no hardship or business-purposes license that allows you to operate a commercial motor vehicle. You may be able to obtain a hardship license for a regular vehicle, but you cannot drive commercially during a CDL disqualification. For drivers whose living depends on a CDL, this is often the most serious consequence.
Does the CDL suspension run separately?
Yes. The CDL disqualification under section 322.64 is a separate proceeding from the regular administrative suspension. You should request a hearing on the CDL disqualification at the same time you request the formal review hearing, since they are two different suspensions with two different scopes of review.
What is the BAC limit for a CDL?
While operating a commercial vehicle, the limit is 0.04, half the standard 0.08. A reading of 0.04 or higher in a commercial vehicle, or a refusal, triggers the CDL disqualification. Commercial drivers also cannot refuse testing without consequences to the CDL.
Can I fight the CDL disqualification?
Yes, and there are CDL-specific defenses. The scope of review includes whether the officer had probable cause to believe you held a CDL or were in a commercial vehicle, and whether the implied-consent warning specific to the CDL was given in a refusal case. Those issues are raised at the hearing, which is why requesting the CDL hearing alongside the formal review matters.
Related: the formal review hearing, the administrative suspension, the hardship license, and DUI penalties by offense level.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The Florida administrative suspension and review process is governed by sections 322.2615, 322.2616, and 322.64, Florida Statutes, and Chapter 15A-6 of the Florida Administrative Code, and license revocation, hardship, and reinstatement are governed by sections 322.271 and 322.28. Deadlines are short and the rules change, so confirm current requirements with the DHSMV or an attorney. Every case turns on its own facts, and past results do not guarantee a similar outcome.
