{"id":6656,"date":"2026-10-25T04:42:21","date_gmt":"2026-10-25T04:42:21","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/how-long-after-a-dui-can-you-get-a-cdl\/"},"modified":"2026-10-27T14:35:06","modified_gmt":"2026-10-27T14:35:06","slug":"how-long-after-a-dui-can-you-get-a-cdl","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/how-long-after-a-dui-can-you-get-a-cdl\/","title":{"rendered":"How Long After a DUI Can You Get a CDL? Florida Rules"},"content":{"rendered":"\n
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DUI Defense \u00b7 Miami, Florida<\/p>

Worried a DUI Will Cost You Your CDL? Start With the Facts.<\/h1>

Patrick Wilson Law, PLLC focuses on DUI defense for drivers across South Florida. Here is how Florida rules can affect a commercial driver's license after a DUI, and how our team can help you plan your next steps.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 25, 2026<\/p>\n\n

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How Long After a DUI Can You Get a CDL? Waiting Periods, Reinstatement, and What Comes Next<\/h2>\n\n
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If a DUI has put your CDL or your job on the line, you don't have to sort it out alone; reach out to Patrick Wilson Law for a free, confidential first consultation with no obligation to continue. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How long after a DUI can you get a CDL in Florida?<\/h2>\n

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.<\/p>\n

The answer depends on the facts, though. The vehicle, the test result, and the number of prior qualifying convictions all change which rule applies.<\/p>\n

The one-year period is a disqualification from commercial driving. It is not the same as a regular license suspension. Under Fla. Stat. \u00a7 322.64<\/a>, 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<\/a>.<\/p>\n

Which DUI convictions trigger a CDL disqualification?<\/h2>\n

Under Fla. Stat. \u00a7 322.61<\/a>, 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. \u00a7 322.61<\/a>). The second is a CDL holder convicted of DUI in a personal vehicle.<\/p>\n

When the DUI happens in a CMV, the one-year rule applies under \u00a7 322.61<\/a>.<\/p>\n

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 \u00a7 322.63<\/a>.<\/p>\n

Roadside action can come fast. Under \u00a7 322.64<\/a>, 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.<\/p>\n

How is a first DUI different from a second for CDL holders?<\/h2>\n

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.<\/p>\n

Under \u00a7 322.61<\/a>, 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.<\/p>\n

Refusals follow the same pattern. A second refusal from separate incidents leads to permanent disqualification under \u00a7 322.63<\/a>.<\/p>\n

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 \u00a7 322.251<\/a>.<\/p>\n

How does a DUI show up on a driving record?<\/h2>\n

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 \u00a7 322.591<\/a>.<\/p>\n

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.<\/p>\n

Notice follows a set method. Under \u00a7 322.251<\/a>, 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.<\/p>\n

Keep two statuses apart. Under \u00a7 322.591<\/a>, a driving privilege may also be suspended for a violation of \u00a7 316.193<\/a>, the DUI statute.<\/p>\n

What must happen before a CDL is back in use?<\/h2>\n
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  1. A permanent disqualification does not end.<\/li>\n
  2. Surrender your licenses.<\/strong> Under \u00a7 322.251<\/a>, 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.<\/li>\n
  3. Use a Class E license if eligible.<\/strong> A temporarily disqualified driver may surrender the CDL and receive a Class E license for the unexpired CDL period, at no cost.<\/li>\n
  4. Pay the reinstatement fee.<\/strong> Once the disqualification is complete, you must pay the reinstatement fee under \u00a7 322.21<\/a> before a CDL is issued.<\/li>\n
  5. Confirm the status.<\/strong> Under \u00a7 322.591<\/a>, 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.<\/li>\n<\/ol>\n\n
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    Not sure what your next step is?<\/h3>

    Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

    Get a free consultation<\/a><\/div>
    Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

    What changes the timeline?<\/h2>\n

    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.<\/p>\n

    Arrest and conviction are different points. The one-year and permanent rules in \u00a7 322.61<\/a> follow a conviction. A pending charge may be handled differently.<\/p>\n

    Out-of-state DUIs can count too. For one purpose, revoking a driver license after repeated DUI convictions, \u00a7 322.28<\/a> treats an out-of-state DUI conviction as a conviction.<\/p>\n

    Refusal adds a separate criminal issue. Under \u00a7 316.1939<\/a>, a first refusal is a second-degree misdemeanor. Under \u00a7 316.1932<\/a>, a refusal of a breath test is admissible in any criminal proceeding. The Florida DHSMV overview of DUI and administrative suspension<\/a> laws lists fines, imprisonment, and vehicle impoundment among DUI penalties.<\/p>\n

    Common questions about CDL timing after a DUI<\/h2>
    How hard is it to get a CDL after a DUI?<\/summary>

    Florida sets a one-year wait for a first qualifying DUI and a permanent bar for a second. Getting a CDL back also requires the surrender, Class E, and reinstatement-fee steps described above.<\/p><\/details>

    How long does a DUI stay on a CDL record?<\/summary>

    A first qualifying conviction brings a one-year commercial disqualification. A second brings a permanent one. The state records the disqualification on the driving record right away.<\/p><\/details>

    Can you still get a CDL with two DUIs?<\/summary>

    Under Fla. Stat. \u00a7 322.61<\/a>, a person convicted of the subsection (3) violations committed while operating a commercial motor vehicle, arising in separate incidents, is permanently disqualified from operating a commercial motor vehicle. A Class E license may still be available if you are otherwise eligible.<\/p><\/details>

    Does a DUI in a personal car affect a CDL?<\/summary>

    Yes. A CDL holder convicted of DUI in a personal vehicle faces the same one-year disqualification from operating a CMV, under \u00a7 322.61<\/a>.<\/p><\/details>

    Do I need to surrender my CDL after a disqualification?<\/summary>

    Yes. The department requires surrender of licenses, and if the person fails to surrender them, the disqualification period does not expire until an identical period has run after the date of surrender or after the date an affidavit swearing the licenses are lost has been filed with the department, under \u00a7 322.251<\/a>.<\/p><\/details>\n

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    If a DUI is pending or recent, talk to the firm about your case<\/h2>\n

    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.<\/p>\n

    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.<\/p>\n

    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<\/a> for a free, confidential first consultation with no obligation to continue.<\/p>\n\n<\/article>\n