What Is the Legal BAC for Commercial Drivers in Florida?

By Jonathan Blecher on June 7, 2024

Florida’s DUI laws are among the most stringent in the country. The penalties can range from license suspension to jail time. For commercial drivers, the penalties can be even harsher, as they are held to a higher standard compared to drivers of passenger vehicles.

As a commercial motor vehicle driver in Florida, you should be aware of the legal BAC limit in the state for CMV operators and the consequences of a DUI conviction for commercial drivers. If you’ve been charged with a DUI as a commercial driver, you can fight these charges with the help of an experienced Florida DUI defense lawyer. 

Commercial Driver BAC Limits in Florida

According to Section 322.62 of the Florida Statutes, commercial drivers in Florida can be charged with DUI if their blood alcohol concentration (BAC) is 0.04% or higher while driving or being in physical control of a commercial motor vehicle.

The .04% BAC limit for commercial drivers is half of that of drivers of passenger vehicles. Commercial drivers are held to a higher standard because their vehicles are larger and heavier than typical passenger vehicles—posing a greater risk to public safety in the event of an accident.

What Does “Being in Actual Physical Control of a Vehicle” Mean?

Being in actual physical control of a vehicle refers to a situation where you are in a position to operate your vehicle—regardless of whether the vehicle is moving. For example, if you are in the driver’s seat and the keys are in the ignition, you can still be charged with DUI—even if you are not driving the vehicle.

This provision is in place to prevent people from circumventing DUI laws by simply turning off the ignition or pulling over to the side of the road when they are impaired.

The “Impaired Faculties” Provision in Florida DUI Laws

In Florida, you can be charged with DUI if you are under the influence of alcohol to the extent that your normal faculties are impaired—even if your BAC is below the legal limit of 0.04%.

This provision makes DUI charges highly subjective because it relies solely on the officer’s observation of your behavior. While making a DUI arrest, police officers in Florida usually look for signs of impairment like slurred speech, impaired coordination, and bloodshot eyes to determine if your normal faculties are impaired.

The problem is that in some cases, symptoms of other physical problems could be mistaken for signs of impairment by police officers. Moreover, not every impaired person behaves the same way or exhibits the same signs of impairment. This means that two drivers with the same BAC level could be treated differently depending on the officer’s observations, which makes DUI charges highly subjective in these situations.

Consequences of Commercial Driver DUI Conviction in Florida

The consequences of commercial driver DUI convictions in Florida can be serious. These include:

Criminal Penalties

You may face fines of up to $1,000 for the first offense and higher fines for subsequent offenses. You could also spend up to six months in jail for the first offense and extended jail term for subsequent offenses.

Commercial Driver’s License (CDL) Suspension

A DUI conviction will result in the suspension of your CDL for one year if it is your first offense. It’s important to note that you cannot get a hardship license during this time.

For a second DUI conviction, your CDL will be revoked permanently.

Employment Consequences

A DUI conviction can result in the loss of employment, as many employers in Florida have strict policies against DUI, especially for jobs that involve operating a commercial vehicle.

Even after completing the terms of your sentence, you might find it difficult to get a job, as the conviction will remain on your record.

Financial Consequences

A DUI conviction can lead to significantly higher insurance premiums and make it more expensive for you to maintain insurance coverage.

CDL Holder DUI Defense: How a Miami DUI Attorney Can Defend You

An experienced Miami focused on helping client with DUI charges can use several defense strategies to challenge commercial driver BAC test results. These include:

Discrediting the Results of Your DUI Blood Test

Chain of Custody

Your lawyer can challenge the chain of custody of your blood sample and argue that proper procedures were not followed to ensure the integrity of your sample from the time it was collected to the time it was tested.

Contamination by Alcoholic Cleanser

If a cleanser containing isopropanol or ethanol was used to clean the draw spot, your lawyer can argue that the blood sample was contaminated and the BAC reading is unreliable.

Lack of Proper Refrigeration

If your blood sample was not refrigerated promptly, your lawyer can argue that the BAC reading is higher due to fermentation.

Lab Errors

In some cases, your lawyer might challenge the procedures used to test your blood sample. They might argue that the lab made errors in analyzing the sample—leading to inaccurate results.

Medical Conditions or Medications

In some cases, your lawyer might argue that your medical condition or use of prescription medications affected the accuracy of the blood test results.

Identifying Discrepancies in Your Breathalyzer Test

Accuracy of the Test

Your lawyer might question whether the breathalyzer device was properly calibrated and maintained according to state regulations. Any irregularities in calibration could cast doubt on the accuracy of the test results.

Furthermore, your attorney might argue that the presence of mouth alcohol—from recent use of mouthwash, breath fresheners, or dental work—led to an artificially high BAC reading.

Officer’s Training and Certification

Your lawyer might investigate the training and certification of the law enforcement officer who administered the breathalyzer test. If the officer is not properly trained or certified, the validity of the test results can be challenged.

Rising Blood Alcohol

Your lawyer might argue that your BAC was below the legal limit when driving, but had risen above the legal limit by the time the breathalyzer test was administered.

Questioning the Results of Your Field Sobriety Tests

Improper Administration

Your lawyer might argue that the law enforcement officer improperly administered the field sobriety tests. They might challenge the officer’s adherence to standardized procedures for administering the tests.

Environmental Factors

Your lawyer might argue that environmental factors like poor weather conditions, uneven terrain, or distracting traffic affected your performance and influenced the results of the tests.

Physical Limitations

Your lawyer might argue that your performance was affected by physical limitations like your age, weight, injuries, or medical conditions.

Video Evidence

If available, your lawyer might use the video evidence of your field sobriety tests to challenge the officer’s observations. Your lawyer might point out discrepancies between the officer’s testimony and what is shown in the video and question the credibility of the test results.

Alternative Explanations

Your lawyer might offer alternative explanations for your performance on the field sobriety tests. For example, they might argue that your performance was affected as a result of fatigue, nervousness, lack of sleep, or other non-alcohol-related factors.

CDL Holder DUI Defense: Evidence Your Miami DUI Lawyer Might Use to Challenge Your BAC Test Results

Your Miami DUI defense attorney will present a wide range of evidence to question and discredit the result of your BAC test. These include:

Breathalyzer Maintenance Records

Records showing the maintenance history of the breathalyzer device used in the test are a vital piece of evidence that can be used for your defense. Any irregularities or failures in calibration or maintenance could cast doubt on the accuracy of the results.

Breathalyzer Calibration Logs

Calibration logs for the breathalyzer device can show whether it was properly calibrated before and after the test. Any deviations from the manufacturer’s recommended calibration schedule could call the accuracy of the results into question.

Officer’s Training and Certification

Documentation related to the training and certification of the officer who administered the breathalyzer can be used to establish that the officer was not sufficiently qualified or trained to administer the test.

Video Evidence

If available, video evidence of the breathalyzer test being administered can be used to point out any discrepancies or irregularities in the administration of the test.

Medical Conditions or Medications

If you have a medical condition or if you are on prescription medications that could affect the accuracy of the breathalyzer test results, your medical records can be presented to challenge the accuracy of the test results.

Top-Rated Commercial DUI Defense Lawyers in Miami Are Ready to Fight for You

If you are a commercial driver facing a DUI charge in Miami, it’s important to seek expert legal assistance. With your freedom, reputation, and livelihood at stake, you need a dedicated and capable Miami commercial DUI lawyer who can stand up to the challenge and defend you vigorously.

Attorney Jonathan Blecher has over 40 years of experience defending individuals facing DUI charges in Miami. As a former state prosecutor, Attorney Blecher knows the Florida criminal justice system inside out. His insider knowledge allows him to develop robust defense strategies and get results that are beyond the reach of many other criminal defense lawyers.Don’t let a DUI charge derail your life and career. Call us today at 786-745-7856 or contact us online to schedule a consultation with the seasoned Miami DUI lawyer Jonathan Blecher.