§ 322.62, Fla. Stat. · Chapter 322. DRIVER LICENSES
Driving under the influence; commercial motor vehicle operators.
Text — 2026 Florida Statutes
(1) A person who has any alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle in this state. Any person who violates this section is guilty of a moving violation, punishable as provided in s. 318.18.
(2)(a) In addition to the penalty provided in subsection (1), a person who violates this section shall be placed out-of-service immediately for a period of 24 hours.
(b) In addition to the penalty provided in subsection (1), a person who violates this section and who has a blood-alcohol level of 0.04 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.04 or more grams of alcohol per 210 liters of breath is subject to the penalty provided in s. 322.61.
(3) This section does not supersede s. 316.193. Nothing in this section prohibits the prosecution of a person who drives a commercial motor vehicle for driving under the influence of alcohol or controlled substances whether or not such person is also prosecuted for a violation of this section.
Notes and commentary — not statutory text
History
s. 26, ch. 89-282; s. 4, ch. 91-243; s. 430, ch. 95-148; s. 12, ch. 96-330.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/0322.html
- Text hash
- sha256 9ed6c383fc4a28ad01c051aecb865de0e6c87522c9b9abd7b910773f0eee3057
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites § 322.62, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 316.1934, Fla. Stat.Presumption of impairment; testing methods.Printed as s. 322.62
- § 318.14, Fla. Stat.Noncriminal traffic infractions; exception; procedures.Printed as s. 322.62
- § 322.63, Fla. Stat.Alcohol or drug testing; commercial motor vehicle operators.Printed as s. 322.62
- § 322.64, Fla. Stat.Holder of commercial driver license; persons operating a commercial motor vehicle; driving with unlawful blood-alcohol level; refusal to submit to breath, urine, or blood test.Printed as s. 322.62
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.