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DUBAL Disqualification

Driving with an unlawful blood alcohol level (DUBAL) is a serious charge and if you’re a commercial driver it can dramatically impact your life. Commercial driver license (CDL) holders must have their license suspended up to one year if they have refused to submit to drug testing for DUI or were arrested for driving under the influence.

Battling DUI charges is enough of an uphill battle without worrying about your livelihood. However, it’s important you act quickly to protect your license. You only have five days after the receiving your disqualification notice to schedule a hearing. If you or someone you know has been arrested for DUI as a CDL driver, then it’s important you contact legal counsel.

DUBAL Attorney for CDL Disqualification in West Palm Beach, FL

Were you recently arrested for driving with an unlawful blood alcohol level (DUBAL)? Did you lose your commercial driver’s license as a result? If so, we recommend you get in contact with the experienced defense attorneys at Meltzer & Bell, P.A..

The team at Meltzer & Bell, P.A. have an immense passion for criminal defense and want to use our knowledge to assist your case. Call us at (561) 557-8686 to set up you first appointment free today. Our attorneys represent clients throughout the greater West Palm Beach area including Wellington, Boca Raton, Jupiter and Palm Beach.

Overview of DUBAL Disqualification in FL

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Disqualification Terms for CDL Drivers Charged with DUI

Commercial drivers have a different set of standards for DUI than non-commercial license holders. Instead of having a legal limit of .08 blood alcohol concentration (BAC), commercial drivers can blow at or above .04 and face DUI charges and CDL disqualification. Refusing to submit to chemical testing and being arrested on probable cause can also lead to DUI charges and your CDL being disqualified.

For commercial drivers, even one arrest of conviction of DUI can devastate a career. Refusing to submit to testing or being charged with DUI will result in a one-year disqualification of their CDL. A second or subsequent refusal or charge could lead to the permanent disqualification of operating any commercial motor vehicle.

In addition to this, commercial drivers are not allowed the same legal options as non-commercial drivers. The courts will not allow a withhold adjudication for a CDL DUI offender because they don’t want to “mask” the conviction from the public since driving is their job. Because of this, they cannot attend a diversion program or driver improvement course to prevent a conviction on their record.

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Informal & Formal Review Hearing for DUBAL Disqualification

The penalties involving DUI and CDL drivers are much more severe than non-commercial drivers. Thankfully, there are avenues you can pursue to avoid disqualification. Scheduling a formal or informal review hearing for your disqualification with the Department of Highway Safety and Motor Vehicles could help save your livelihood.

You have a right to select between a formal and informal review for your disqualification. Formal reviews must involve you and the arresting officers appearing in front of a hearing officer and there you can contest that the disqualification is unnecessary. An informal review is conducted only by the hearing officer without the officer, driver or any witnesses present.

In either review hearing, the standard of proof is by preponderance of the evidence. This means the defendant must prove there is greater than a 50 percent chance that their claim is true. Most of the hearing will probably center on the following two elements.

  • Did law enforcement have probable cause; and
  • Whether there is scientific evidence that you were driving with an unlawful blood alcohol concentration.

If the focus of the hearing is a DUBAL refusal, then it will likely concentrate on:

  • If law enforcement had probable cause to pull you over;
  • The reasons or statements made for why you refused; and
  • Whether you were told that if you refused you could face CDL disqualification

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Additional Resources

Florida CDL Handbook – View the full text of the Florida Commercial Driver License Handbook by visiting the Florida Department for Highway Safety and Motor Vehicles. The handbook not only covers CDL tests, but also CDL disqualifications. You can also read about other CDL rules.

Florida DUI Laws – View the official site of the Florida Statutes to learn more about state law governing CDL disqualifications. Learn what happens when the Department of Highway Safety and Motor Vehicles fails to schedule the formal review hearing within 30 days after receipt of the request therefor. You can also find information about obtaining a license for business or employment purposes.

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DUBAL Defense Lawyer in Palm Beach County, FL

If you or someone you know has been charged with DUBAL as a CDL holder, it’s time to act. You need experienced and skilled legal representation such as the attorneys at Meltzer & Bell, P.A.. Our team at Meltzer & Bell, P.A. has practiced for collectively over 20 years and has a special focus on DUI cases.

Call us to schedule your first appointment free at (561) 557-8686. The lawyers at Meltzer & Bell, P.A. will work tirelessly to obtain the best possible result for your case. Meltzer & Bell, P.A. represents people throughout the greater Palm Beach County area including West Palm Beach, Jupiter, Boca Raton, Palm Beach and Delray Beach.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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