Worried a DUI Will Cost You Your CDL? Start With the Facts.

How Long After a DUI Can You Get a CDL? Waiting Periods, Reinstatement, and What Comes Next

How long after a DUI can you get a CDL in Florida?

Under Florida law, a DUI conviction can keep a commercial driver license (CDL) holder off commercial roads for one year. A second qualifying violation can lead to a permanent disqualification.

The answer depends on the facts, though. The vehicle, the test result, and the number of prior qualifying convictions all change which rule applies.

The one-year period is a disqualification from commercial driving. It is not the same as a regular license suspension. Under Fla. Stat. § 322.64, the disposition of any related criminal proceedings does not affect a disqualification imposed under that section. For an overview of how Florida handles DUI charges, see our DUI defense overview.

Which DUI convictions trigger a CDL disqualification?

Under Fla. Stat. § 322.61, a person convicted of one of the listed offenses while operating a commercial motor vehicle is disqualified from operating a commercial motor vehicle for a period of 1 year, in addition to any other applicable penalties. Section 322.61 lists driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher among the offenses that, when a person is convicted of one while operating a commercial motor vehicle, require disqualification from operating a commercial motor vehicle for a period of 1 year, in addition to any other applicable penalties (Fla. Stat. § 322.61). The second is a CDL holder convicted of DUI in a personal vehicle.

When the DUI happens in a CMV, the one-year rule applies under § 322.61.

Section 322.61 covers “Driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher;” Refusing a test counts as well. The law requires drivers to be told that a first refusal means a one-year commercial disqualification, under § 322.63.

Roadside action can come fast. Under § 322.64, an officer must disqualify a CDL holder arrested for a violation of s. 316.193 (unlawful blood-alcohol or breath-alcohol level) while operating or in actual physical control of a motor vehicle, including a CMV, or who refuses a breath, urine, or blood test. The officer must take the person’s driver license and issue a 10-day temporary permit for noncommercial driving, but only if the person is otherwise eligible.

How is a first DUI different from a second for CDL holders?

A first qualifying DUI brings a one-year disqualification. A second qualifying DUI brings a permanent one. The count of offenses is what changes the outcome.

Under § 322.61, a CDL holder convicted of two listed violations, arising in separate incidents, must be permanently disqualified from operating a CMV. The statute says this applies even when the violations happened in a noncommercial vehicle. The penalty comes in addition to any other penalty.

Refusals follow the same pattern. A second refusal from separate incidents leads to permanent disqualification under § 322.63.

So can you get a CDL with two DUIs? The statute says a second refusal to submit to a required alcohol or drug test results in permanent disqualification from commercial driving. Florida does allow a permanently disqualified driver to turn in the CDL for a Class E license, which is a regular non-commercial license, if otherwise qualified. That rule appears in § 322.251.

How does a DUI show up on a driving record?

A CDL disqualification goes onto the driving record. When a final order downgrades a CDL, the state must record the disqualification immediately. That entry is not paused during a related proceeding, under § 322.591.

The state also checks the federal Commercial Driver’s License Drug and Alcohol Clearinghouse. Beginning November 18, 2024, the department checks it when a person applies for, renews, or changes a CDL. It may not issue or renew a CDL for someone it has been notified is prohibited from operating a CMV.

Notice follows a set method. Under § 322.251, an order can be delivered in person, by first-class mail, or by e-mail if the licensee authorized it. If the driver never receives it, the disqualification still takes effect.

Keep two statuses apart. Under § 322.591, a driving privilege may also be suspended for a violation of § 316.193, the DUI statute.

What must happen before a CDL is back in use?

1. A permanent disqualification does not end.
2. Surrender your licenses. Under § 322.251, if you don’t surrender them, the period does not expire until an identical period passes after surrender or after a lost-license affidavit is filed.
3. Use a Class E license if eligible. A temporarily disqualified driver may surrender the CDL and receive a Class E license for the unexpired CDL period, at no cost.
4. Pay the reinstatement fee. Once the disqualification is complete, you must pay the reinstatement fee under § 322.21 before a CDL is issued.
5. Confirm the status. Under § 322.591, if after the department enters a final order that results in the downgrade and records the disqualification, the state learns you are no longer federally prohibited, it must reinstate the CDL upon application. Your regular license status is a separate check.

What changes the timeline?

The vehicle, the test result, and your offense history change which rule applies. If you hold a commercial driver license, how a traffic charge could affect your ability to drive for work may depend on whether the incident happened in a commercial vehicle or your personal car, so it helps to raise this detail early in a confidential consultation.

Arrest and conviction are different points. The one-year and permanent rules in § 322.61 follow a conviction. A pending charge may be handled differently.

Out-of-state DUIs can count too. For one purpose, revoking a driver license after repeated DUI convictions, § 322.28 treats an out-of-state DUI conviction as a conviction.

Refusal adds a separate criminal issue. Under § 316.1939, a first refusal is a second-degree misdemeanor. Under § 316.1932, a refusal of a breath test is admissible in any criminal proceeding. The Florida DHSMV overview of DUI and administrative suspension laws lists fines, imprisonment, and vehicle impoundment among DUI penalties.

Common questions about CDL timing after a DUI

If a DUI is pending or recent, talk to the firm about your case

You may be reading this for yourself, for a driver on your team, or for a family member who got the news without warning. A DUI can put a career, a route, and a paycheck on hold, and the paperwork doesn’t wait.

Patrick Wilson Law, PLLC is a Miami criminal defense firm. It handles DUI defense across South Florida, including Miami-Dade, Broward, and the Florida Keys. Patrick David Wilson is the responsible lawyer for this page.

The one-year and permanent rules here assume a conviction. A pending charge, a fresh arrest, or a license suspension may call for a different plan. If a DUI has put your CDL or your job on the line, you don’t have to sort it out alone. Call 786-761-1719 or use our contact page for a free, confidential first consultation with no obligation to continue.