Florida DUI Law – Commercial Vehicles

Commercial motor vehicles are treated differently from others. These include any motor vehicle or combination used on the streets or highways which: (a) has a gross vehicle weight rating of more than 26,000 pounds; (b) is designed to transport the driver and more than 14 other people; or (c) is transporting hazardous materials and must be placarded pursuant to Title 49 C.F.R., part 172, subpart F.

Florida DUI lawyers remind you that while the DUI laws apply to the operation of commercial motor vehicles, there are some provisions that apply only to such vehicles. Driving or actual physical control of a commercial motor vehicle with any alcohol in the body constitutes a traffic infraction. If the accused has an alcohol concentration of .04 or higher, it is a greater offense, resulting in a more severe penalty. A DUI prosecution does not bar charges for these commercial vehicle alcohol, but the statutory presumptions arising from excess breath or blood alcohol readings do not apply to prosecution for the commercial motor vehicle alcohol offenses.