DUI
DUI and Your CDL in Florida: What Happens and Can You Get It Back?
An arrest is not a conviction. Here is the straight picture.
If your CDL is how you make a living, this is a hard day. This page gives you the facts: what is at stake, the timelines, what you can and cannot drive, and what to do inside your 10 days. We can't promise a result. We can show you the map.
You have 10 days from the date your notice was issued to ask for review. Our 10-day page has a countdown tool.
The short answer
If you hold a CDL, a DUI arrest with a result of .08 or higher, or a refusal, can trigger a CDL disqualification. This is true even if you were in your personal car. It is separate from the regular license suspension. You get a 10-day permit for non-commercial vehicles only. You have the same 10 days to ask for review.
Source: § 322.64(1)(a), (1)(c)3., Fla. Stat. (2026).
I was in my own car. Does it still count?
Yes. A CDL disqualification can apply even when you were driving a personal vehicle. Florida also has the regular license suspension, which can apply too. These are two different actions. You may face both.
Source: § 322.64(1)(a), (15), Fla. Stat. (2026).
What can I drive in the meantime?
You get a 10-day permit for non-commercial vehicles only, if you are otherwise eligible. It does not let you drive a commercial motor vehicle.
Source: § 322.64(1)(a), (1)(c)4., Fla. Stat. (2026).
How long is a CDL disqualification?
| Event | Disqualification |
|---|---|
| 1st DUI conviction, or 1st refusal (any vehicle, CDL holder) | 1 year |
| Driving a commercial vehicle at .04 or higher | 1 year |
| Any of the above while driving a commercial vehicle hauling hazardous materials | 3 years |
| A second such offense, from separate incidents | Permanent (lifetime) |
These are the periods set by law, not predictions for any person. Florida's administrative disqualification after an arrest lasts the period in the federal rule, and the federal and Florida periods match this table. The refusal warning for CDL drivers is 1 year, or permanent if you were disqualified before.
Source: § 322.61(3)(b)1., 2., 5., (4), (5); § 322.64(1)(b)-(c), (7)(b)3., (8), Fla. Stat. (2026); 49 C.F.R. § 383.51(b), Table 1, rows (1)-(4).
Is there a hardship license for my CDL?
No, not for commercial driving. The statute says: "However, such business or employment purposes license shall not authorize the driver to operate a commercial motor vehicle."
You may be able to get a business-purposes license for your regular, non-commercial car if you otherwise qualify. It will not let you drive a commercial vehicle. No CDL may be issued during a disqualification. During a CDL disqualification, you may be able to hold a Class E license if you are otherwise qualified.
Read how the regular hardship license works: Hardship license after a DUI.
Source: § 322.64(10); § 322.271(6); § 322.61(8), Fla. Stat. (2026).
How do I get my CDL back?
When a timed disqualification ends, check with DHSMV about the steps to get your CDL back. The DHSMV commercial driver page has the current information: flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-drivers
Do I have to tell my employer?
Yes. Federal rules set two separate deadlines.
- By the end of the next business day after you get notice that your license was suspended, revoked, or cancelled, that you lost the right to drive a commercial vehicle, or that you were disqualified. A Florida DUI arrest with a .08 result or a refusal can bring a disqualification notice on the day of arrest, so this clock can start that same day.
- Within 30 days after a conviction for a traffic-law violation (other than parking), in any type of vehicle, including your personal car. This notice must be in writing.
Federal rules also bar a motor carrier from letting a disqualified driver drive a commercial vehicle.
Source: 49 C.F.R. §§ 383.31(a)-(b), 383.33, 383.51(a)(2), 391.15(a), (b)(2); § 322.64(1)(a), Fla. Stat. (2026).
What about my DOT medical card?
The DOT medical standards are a separate set of rules from the CDL disqualification rules. One of the medical standards says a driver must have "no current clinical diagnosis of alcoholism." Either way, a disqualified driver may not drive a commercial vehicle, even with a valid medical card.
Source: 49 C.F.R. § 391.41(b)(13); § 383.51(a)(1); § 391.15(a).
I have an out-of-state CDL. What happens?
Florida's CDL DUI law is not limited to Florida licenses. It covers any holder of a commercial driver license. The officer can disqualify you from commercial driving on the spot and issue a 10-day permit for non-commercial vehicles only, if you are otherwise eligible. The same 10-day review request applies.
Florida must report to your home state:
- a disqualification of 60 days or more, within 10 days, through the national CDL database;
- a traffic conviction in any vehicle.
How your home state then acts is a question for your home state's law. Call us and we will go through it with you.
Source: § 322.64(1)(a), (1)(c)3., Fla. Stat. (2026); 49 C.F.R. §§ 384.208(a), 384.209(a)(1).
What should I do inside the 10 days?
You have the same choices as any DUI license case. The details change if you hold a CDL.
- Formal review hearing. Your lawyer can subpoena the officer and question them.
- Informal review. The hearing officer looks only at the papers.
- Waive the hearing for a quick restricted license. This route is only for drivers who have never been disqualified under Florida's CDL DUI law, never had a DUI administrative suspension, and never been convicted of DUI. Because a CDL holder is usually disqualified under that CDL law for the same arrest, ask a lawyer whether this route is open to you before you choose. The quick route also waives your right to fight the suspension at DHSMV.
A hardship license never covers a commercial vehicle. The right choice depends on your record, your job, and the evidence. Bring your notice and talk to a lawyer before day 10.
Read the choices in plain words: The DUI 10-day rule.
Source: § 322.2615(1)(b)3.; § 322.64(1)(a), (1)(c)3.; § 322.271(7), (7)(c), Fla. Stat. (2026).
Forms and links (official sites)
- HSMV 78065, Application for Formal/Informal Review of Driver License Suspension/Disqualification (Rev. 02/2018): flhsmv.gov/pdf/forms/78065.pdf
- HSMV 72034, Request for Eligibility Review (Rev. 4/2026): flhsmv.gov/pdf/forms/72034.pdf
- HSMV 78306, Application for Administrative Hearing (Rev. 4/2026): flhsmv.gov/pdf/forms/78306.pdf
- DHSMV commercial driver page: flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-drivers
- Federal rule on CDL disqualification: ecfr.gov/current/title-49/section-383.51
- Check your license status: services.flhsmv.gov/DLCheck
Questions people ask
Will I lose my CDL if I was driving my personal car?
A DUI arrest with a result of .08 or higher, or a refusal, can trigger a CDL disqualification even in a personal car. It is separate from your regular license suspension. You have 10 days to ask for review.
Source: § 322.64(1)(a), (1)(c)3., Fla. Stat. (2026).
How long is a CDL disqualification?
For a first DUI conviction or first refusal, the law sets 1 year. It is 3 years if you were driving a commercial vehicle hauling hazardous materials. A second offense from a separate incident is permanent.
Source: § 322.61(3)(b), (4), (5), Fla. Stat. (2026); 49 C.F.R. § 383.51(b), Table 1.
Can I get a hardship license for my CDL?
No, not for commercial driving. You may be able to get a business-purposes license for a regular, non-commercial car if you otherwise qualify.
Source: § 322.64(10); § 322.271(6), Fla. Stat. (2026).
What is the alcohol limit for commercial drivers?
Driving a commercial vehicle at .04 or higher can bring a 1-year disqualification.
Source: § 322.61(3)(b)2., Fla. Stat. (2026); 49 C.F.R. § 383.51(b), Table 1, row (3).
Call or WhatsApp: (305) 209-0384
Your CDL is your living. Bring your notice and we will map your options before day 10. English or Spanish. 24 hours. Dennis Gonzalez Law, P.A. Our lead attorney is a former Miami-Dade prosecutor.
This page is general information, not legal advice for your case.
Law as of October 26, 2026. Last reviewed: October 26, 2026. Reviewed by the attorneys of Dennis Gonzalez Law, P.A.
The law behind this page
Fla. Stat. (2026): § 322.61; § 322.64; § 322.271(6), (7); § 322.2615(1). 49 C.F.R. §§ 383.31, 383.33, 383.51, 384.208, 384.209, 391.15, 391.41(b)(13).