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What Disqualifies You From Getting A CDL in Florida?

What Disqualifies You From Getting A CDL in Florida?

It can be difficult to obtain a Commercial Driver’s License (CDL) in order to begin a career in the Florida transportation industry. Earning your CDL is a considerable professional accomplishment. However, not everyone can get a CDL because of some potential disqualifying factors. You may have unanswered questions and might be wondering, “What disqualifies you from getting a CDL in Florida?

What Specific Factors Might Disqualify Someone From Getting a CDL?

Since the safety of the drivers and the public is important, strict rules and criteria are applied when qualifying someone for a commercial vehicle operation. Earning a CDL ensures that only responsible, qualified drivers are handling commercial vehicles. Age requirements, alcohol and drug abuse, driving history, immigration status, medical history, and criminal history are included in these disqualifying factors.

Age Requirements

The Department of Transportation (DOT) has a minimum age requirement for acquiring a CDL. Age requirements vary depending on the type of load being moved and the kind of applicable commercial vehicle.

In most states, including Florida, the minimum age to get a CDL is 18 years old. However, the minimum age permitted for driving between states in the United States is 21 years old. Someone is typically prevented from getting a CDL if they don’t comply with the age requirements set by the DOT.

Alcohol or Drug Abuse

Alcohol or drug abuse is typically a serious problem for someone with a CDL or someone trying to earn a CDL. The DOT and the Federal Motor Carrier Safety Administration maintain strict rules to make sure drivers are not operating commercial vehicles while also under the influence of alcohol, drugs, or any psychoactive substances.

Having a criminal conviction for a DUI crime can often lead to being unable to get a CDL. Plus, a positive test result when tested for any unlawful substances during mandatory CDL testing can result in automatic disqualification.

Driving History

Having a clean driving record is a requirement for getting a CDL. Some traffic violations like reckless driving, speeding, hit-and-run accidents, and multiple moving violations can impact someone’s ability to get a CDL. The rationale is that a poor driving history can cause apprehension about the driver’s safety.

Immigration Status

Lawful immigration status is required in order to earn a CDL in the United States. The DOT regulations mandate legal documentation and a lawful work permit for the United States in order to get a CDL.

Medical History

All CDL candidates must pass a comprehensive medical examination in order to comply with the guidelines from the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration. As a result, some medical conditions might disqualify someone from getting their CDL based on the rationale that these conditions can impact both the safety and security of commercial vehicle drivers and other drivers on the roadways.

Criminal History

The CDL application requires providing information about a past criminal history, if any. A criminal offense can impact someone’s capability to earn a CDL. The nature of the criminal offense can impact someone’s ability to obtain a CDL, and even less serious offenses like misdemeanors can similarly result in someone’s disqualification.

An experienced Florida attorney familiar with trucking regulations and CDL qualification requirements can help discuss the CDL regulations further. It’s important to consult a trusted local attorney if you’re concerned about your ability to qualify for a CDL.

FAQs

Q: Can Someone Convicted of a Felony Still Get a CDL in Florida?

A: In Florida, a felony conviction for a crime involving a commercial motor vehicle can prevent someone from getting a CDL. Whether someone can get a CDL usually depends on the nature of the crime, as some felonies like arson, treason, bribery, kidnapping, extortion, and assault, with an intent to murder are obstacles to getting a CDL.

A background check is completed before a CDL is issued, which can be further discussed with a knowledgeable Florida attorney.

Q: What Is a Major Disqualifying Offense for a CDL?

A: Some offenses are considered major disqualifying offenses because of their potential to cause serious accidents or to endanger the public. A major disqualifying offense for a CDL can include a DUI, committing a felony while operating a commercial vehicle, leaving an accident scene, transporting unlawful substances, or any severe driving violation that results in safety concerns.

Someone might face a long-term CDL suspension or lifetime ban under certain factual circumstances. Consult a trusted attorney if facing disqualification of your CDL.

Q: How Far Back Does a CDL Background Check Go?

A: A CDL background check usually goes back three years, pursuant to the Federal Motor Carrier Safety Administration (FMCSA) and 49 CFR § 391.23, which means they usually review the last three years of someone’s driving record when conducting a background check before issuing a CDL. If you have further questions about background checks, an attorney with experience working with commercial vehicle clients can help.

Q: What Disqualifies Someone From Getting a DOT Medical Card?

A: Some medical conditions can disqualify someone from getting a DOT medical card, including:

  • Cardiovascular disease
  • Diabetes
  • Fainting conditions
  • Hearing loss
  • Hypertension
  • Ménière’s disease (inner ear condition)
  • Psychiatric disorders
  • Respiratory conditions
  • Sleep disorders
  • Vision loss or impairment
  • Seizure or epilepsy disorders

Drivers must follow certain rules for prescription drugs. Also, drug abuse or alcoholism can disqualify someone. It’s important to speak with an attorney experienced with DOT medical card requirements if you have questions.

Contact Demmery Law, PLLC, to Discuss CDL Qualification and Disqualification Conditions

Acquiring a Commercial Driver’s License (CDL) can provide many employment opportunities. However, specific factors can deprive people of the right to get a CDL to ensure responsible drivers work with commercial vehicles. Understanding these disqualifying factors is important for people wanting a career as a commercial driver. An attorney can help ensure you understand and comply with all applicable CDL requirements to avoid disqualification.

An attorney with experience working with commercial vehicle operators can address any questions you might have, and we’re ready to help at Demmery Law, PLLC. Contact us today to set up a consultation with our experienced team.

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