Nawara Law
Law Offices Of Daniel D. Nawara, P.A.

CDL holders

Florida CDL Holders: Reporting Convictions, Suspensions and DUI Disqualifications

For a commercial driver, a traffic or DUI case is never just about the ticket. Federal Motor Carrier Safety Administration (FMCSA) rules require CDL holders to notify their employer about certain convictions and license actions. Florida law can also disqualify a driver from operating a commercial motor vehicle (CMV) after a DUI arrest or conviction, even if the driver was in a personal car. Former prosecutor Daniel D. Nawara defends CDL holders facing DUI and criminal traffic charges in Sarasota, Manatee and surrounding counties.

Rule 1: tell your employer about convictions within 30 days (49 C.F.R. 383.31)

Under 49 C.F.R. 383.31(a), a person who operates a CMV, holds a CDL and is convicted of violating a state or local law relating to motor vehicle traffic control in any type of motor vehicle (other than a parking violation) must notify the current employer. The notification must be made within 30 days after the date of conviction.

Under section 383.31(b), the notice must be in writing and include:

  • Your full name.

  • Your driver license number.

  • The date of conviction.

  • The offense, plus any resulting suspension, revocation or cancellation.

  • Whether the violation was in a CMV.

  • The location of the offense.

  • Your signature.

What counts as a "conviction"

The federal definition in 49 C.F.R. 383.5 is broad. A conviction includes:

  • An unvacated adjudication of guilt.

  • A determination that the person violated the law by a court or authorized administrative tribunal.

  • An unvacated forfeiture of bail or collateral.

  • A plea of guilty or nolo contendere accepted by the court.

  • The payment of a fine or court cost.

  • Violation of a condition of release without bail.

This applies regardless of whether the penalty is rebated, suspended or probated. Paying a civil traffic ticket can count as a conviction for this purpose, and so can a no contest plea with a withhold of adjudication in a criminal traffic case. See withhold of adjudication vs. conviction.

Rule 2: tell your employer about suspensions and disqualifications by the next business day (49 C.F.R. 383.33)

Under 49 C.F.R. 383.33, a driver must notify the current employer if:

  • The driver's license is suspended, revoked or canceled.

  • The driver loses the right to operate a CMV in any state.

  • The driver is disqualified from operating a CMV for any period.

The notice must be given before the end of the business day following the day the employee received notice of the action. This is much faster than the 30-day conviction rule. A Florida administrative DUI suspension or CMV disqualification issued at the time of arrest can trigger it right away.

Arrest vs. conviction for CDL holders

The two federal rules above are tied to a conviction (383.31) or a license action (383.33), not to the arrest itself. In Florida DUI cases, though, the arrest itself can lead to a license action:

  • Administrative CMV disqualification at arrest, s. 322.64. A Florida officer disqualifies a CDL holder from operating any CMV if the holder, while driving or in actual physical control of any motor vehicle, is arrested for DUI with an unlawful blood or breath alcohol level, or refuses a lawful breath, blood or urine test. The officer issues a 10-day permit for noncommercial vehicles only if the driver is otherwise eligible.

  • The disqualification counts as a conviction for federal disqualification periods (s. 322.64(1)(b)).

  • Review deadline: The driver may request a formal or informal review within 10 days after the notice of disqualification (s. 322.64(1)(c)3).

Because a notice of disqualification is a license action, the next-business-day employer notice under 49 C.F.R. 383.33 can apply on the first workday after the arrest. Employer policies may also require you to report an arrest itself. See the 10-day rule and formal review hearings.

DUI convictions and CMV disqualification: s. 322.61

Section 322.61(3) sets a 1-year CMV disqualification for a DUI conviction. It applies to a conviction in a CMV and, under paragraph (3)(b), to a CDL holder convicted of DUI while operating a noncommercial motor vehicle. Other listed offenses include:

  • Refusing a test to determine alcohol concentration.

  • Leaving the scene of a crash.

  • Using a motor vehicle in the commission of a felony.

Other periods:

  • Hazardous materials: 3 years if the driver was transporting hazardous materials (s. 322.61(4)).

  • Second offense: permanent disqualification for two listed violations from separate incidents (s. 322.61(5)).

No "masking" for CDL holders: 49 C.F.R. 384.226

Federal rules prohibit a state from masking, deferring imposition of judgment, or allowing diversion that would keep a CDL holder's conviction for a traffic control violation in any type of vehicle off the driver's record. Parking, vehicle weight and vehicle defect violations are excepted. Options like traffic school elections or deferred outcomes that help non-commercial drivers may not work the same way for a CDL holder. Ask your lawyer about this before choosing how to resolve a ticket or criminal traffic charge.

Practical steps after a stop or arrest

  • If you received a notice of suspension or disqualification, notify your employer by the end of the next business day.

  • Calendar 10 days from the notice to request review with FLHSMV.

  • Calendar 30 days from any conviction, as defined in 383.5, and give your employer the written notice required by 383.31(b).

  • Do not just pay the ticket. Under 383.5, paying the fine can be a conviction.

  • Check your employer's policy and your drug and alcohol testing obligations. Carriers often have their own reporting rules.

Frequently asked questions

Do I have to tell my employer I was arrested for DUI?

The federal 30-day rule is tied to a conviction. If you received a Florida notice of disqualification or suspension at arrest, 49 C.F.R. 383.33 requires notice to your employer before the end of the next business day. Your employer's policy may also require reporting the arrest.

My DUI was in my personal car. Does it affect my CDL?

Yes. Section 322.64 applies to CDL holders arrested in any motor vehicle with an unlawful alcohol level or who refuse testing. Section 322.61(3)(b) sets a 1-year CMV disqualification for a CDL holder convicted of DUI in a noncommercial vehicle.

Can I get a hardship license to drive a truck?

The 10-day permit under section 322.64 covers noncommercial vehicles only. Section 322.271(6) bars issuing a commercial driver license while a person is disqualified from operating CMVs or while the driving privilege is suspended or revoked, so a hardship license, if available, generally restores noncommercial driving only. See hardship licenses.

Does a withhold of adjudication avoid a conviction for CDL purposes?

Under 49 C.F.R. 383.5, a guilty or no contest plea accepted by the court is a conviction regardless of whether the penalty is suspended or probated. A withhold after such a plea is generally treated as a conviction for CDL purposes.

Should I refuse a breath test?

Refusal has its own consequences, including CMV disqualification under sections 322.61 and 322.64. See breath test refusal.

Talk with a Sarasota DUI and traffic defense lawyer

Call (941) 920-5514 or request a free consultation. Bring every notice you received, including any notice of disqualification, and your employer's reporting policy. Related pages: Sarasota DUI lawyer, first DUI, second DUI, driving with a suspended license and DUI vs. reckless driving.

Updated October 1, 2026. General information only, not legal advice. Federal and state rules change and depend on the facts. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: 49 C.F.R. 383.31, 383.33, 383.5, 383.51, 384.226; Fla. Stat. § 322.61, § 322.64, § 322.271; FMCSA.