Help from a West Palm Beach Attorney for Commercial DUI Arrests
In Florida the standards for establishing DUI in the case of commercial vehicle operators are much more stringent than for ordinary motor vehicles. The basic DUI law under Section 316.193 states that an individual is guilty of a DUI offense if:
- The person is driving or in actual physical control of a vehicle within this state
- The person is under the influence of alcoholic beverages, any chemical substance (Section 877.111) or any controlled substance controlled (Chapter 893) when affected to the extent that the person’s normal faculties are impaired
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood
For an operator of a commercial vehicle the blood alcohol level is reduced by 50% to 0.04 per 100 milliliters of blood. This is a very strict standard and demonstrates the degree of seriousness with which the law and state prosecutors will pursue this offense. In fact the presence of any amount of alcohol in a commercial vehicle operator’s blood can lead to a traffic infraction under section 322.62 of the Florida Statutes.
Consequences of a Commercial DUI Conviction
If you are convicted then you will be ineligible to operate a commercial vehicle for one year. Unlike motor vehicle DUI convictions where a limited “hardship” license can be obtained there is no such allowance for the right to drive a commercial vehicle. A second conviction will lead to permanent ineligibility to operate commercial vehicles. While a West Palm Beach DUI Attorney can petition the court for a limited “hardship” license to operate a motor vehicle this will not allow you to return to work driving commercial vehicles and will effectively put you out of business.
The law is very strict in the area of DUI violations and being in physical control of a commercial vehicle. Additional penalties can include steep fines, possible jail time, community service and even drug or alcohol counseling. If you have been arrested for driving a commercial vehicle while under the influence of alcohol, drugs or a controlled substance it is important that you meet with a West Palm Beach Commercial DUI Lawyer at DiRenzo & Weick without delay.
Contact a West Palm Beach DUI Lawyer from our firm if you have a commercial license and have been charged with DUI.