A Fatal Crash Can Put Your Commercial License at Risk. Act Early.

In Florida, CDL disqualification can follow arrest-stage action, such as an unlawful alcohol level or a refusal, as well as a conviction. Florida law lists specific offenses, and the criminal case decides which one, if any, ends up on the record.

Short Answer: A Fatal Crash Charge Is Not the Same as a CDL Disqualification

A charge is not a conviction, and a conviction is what usually triggers a CDL disqualification. Charged, convicted, and disqualified are three separate steps, and the gaps between them matter.

A charge means the state has filed a case. A conviction means the case ended in a guilty or no contest plea, or a finding of guilt. Disqualification means the license is actually taken away from commercial driving.

There is one important exception. Florida law requires an officer to disqualify a CDL holder at arrest for a DUI involving an unlawful alcohol level or a refusal to take a test. The officer takes the license and issues a 10-day temporary permit for noncommercial driving only, if the person is otherwise eligible. Fla. Stat. § 322.64

So a driver can lose commercial driving rights before any conviction exists. For the criminal process after a death on the road, see our guide to vehicular homicide defense in South Florida.

How Florida Law Disqualifies a CDL Holder

Florida law sets fixed disqualification periods for a specific list of offenses. Repeat offenses bring longer periods.

Two listed serious traffic violations within three years, in separate incidents in a commercial vehicle, bring a 60-day disqualification. Three bring 120 days. Under Florida law, the serious traffic violations that can count toward disqualifying a commercial driver license holder include, among others, texting while driving, using a handheld mobile telephone while driving, unlawful speed of 15 miles per hour or more above the posted speed limit, and a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a crash resulting in death.

Some offenses carry longer penalties. A CDL holder convicted of DUI, or of leaving the scene of a crash involving the driver’s own vehicle, while driving a noncommercial vehicle faces a one-year disqualification. The statute states an exception to that rule.

Alcohol is treated even more strictly in commercial vehicles. A driver with any alcohol in the body while operating one is placed out of service immediately for 24 hours. Under Fla. Stat. § 322.61, the listed offenses that carry a disqualification include “Driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher;” Fla. Stat. § 322.62

Which Convictions Commonly Come Up in Fatal Crash Cases

Three groups of offenses matter most in fatal crash cases: impaired driving, crash-scene offenses, and vehicular homicide. A vehicular homicide charge does not map onto one disqualifying offense.

Vehicular homicide is a killing caused by another person’s operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm. Vehicular homicide is a second-degree felony in its basic form, and certain aggravating circumstances raise it to a first-degree felony. It becomes a first-degree felony if the driver knew or should have known the crash occurred and failed to give information and render aid.

Crash-scene duties carry their own penalties. A driver in a crash that results in death must stop and remain at the scene. Willfully violating that duty is a first-degree felony with a 4-year mandatory minimum prison term.

Reckless driving means driving in willful or wanton disregard for the safety of persons or property. Fla. Stat. § 316.192 When it causes serious bodily injury, it is a third-degree felony. The exact wording of a reckless driving conviction matters for licensing, so review it before any plea.

How the Criminal Case Decides Which Conviction Results

The plea and the final judgment set the conviction that goes on the record, and that record drives the license question.

Before a court accepts a plea, it must confirm on the record that the defendant understands the charge, the maximum penalty, and any mandatory minimum. Fla. R. Crim. P. 3.172 The same rule says that when a plea is to an offense requiring automatic license suspension or revocation, the plea provides the basis for that action.

A withheld adjudication does not end the analysis. The rule warns that a plea can still change immigration status, even when adjudication of guilt is withheld. So a withheld adjudication should not be read as the end of the licensing question.

At a formal review hearing after an arrest, a hearing officer decides by a preponderance of the evidence whether the disqualification stands. The review can cover whether the officer had probable cause and whether the person refused testing. Fla. Stat. § 322.64

One mistake to avoid is signing a plea without asking how its exact wording affects the license. Ask that question before the plea, not after.

Your Duties as a CDL Holder After a Crash

After a crash resulting in injury to or death of any person, or damage to any vehicle or other property, the driver must give his or her name, address, and the registration number of the vehicle, and render reasonable assistance to any injured person under Fla. Stat. § 316.062.

The driver must give his or her name, address, and vehicle registration number. The driver must also give reasonable help to an injured person. That includes arranging transport to treatment when treatment is apparent or the injured person asks for it.

A charged driver should not assume the license is unaffected. The arrest stage can remove commercial driving rights right away, as covered above. Keep copies of every notice and document you receive.

That license does not allow operating a commercial vehicle. Fla. Stat. § 322.64

Non-Citizen CDL Holders and Immigration Consequences

A non-citizen CDL holder can face immigration consequences from a criminal case, separate from any licensing penalty.

Florida’s plea rule warns that a plea may change immigration status, including through deportation or removal. Fla. R. Crim. P. 3.172 The court must not require a defendant to disclose legal status when entering a plea.

Licensing and immigration questions can overlap, so review both before any plea is entered.

Talk to Patrick Wilson Law About Your CDL and Your Case

If you hold a CDL and face a charge after a crash that caused a death, you can get clear answers about the license question. Patrick Wilson Law, PLLC is a Miami criminal defense firm. It focuses on vehicular homicide, DUI, leaving-the-scene cases, and criminal defense for licensed professionals. It serves clients across South Florida, from Broward County to the Keys.

Patrick David Wilson, Board Certified in Criminal Trial Law by The Florida Bar, is the responsible lawyer for this page.

To make the most of a first meeting, bring the charging documents, the crash report, your license and endorsement information, and any letter or record from your employer.

The first consultation is free, confidential, and carries no obligation to continue. This page is general information, not legal advice. Past results do not predict the outcome of any case.

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