Fla. Stat. § 322.62
outside the civil frameworkverifiedDriving under the influence; commercial motor vehicle operators
How Florida classifies this section
s. 322.62 is not within § 318.14(1)'s noncriminal-infraction list
This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.
The statute, verbatim
322.62 Driving under the influence; commercial motor vehicle operators.—(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. History.—s. 26, ch. 89-282; s. 4, ch. 91-243; s. 430, ch. 95-148; s. 12, ch. 96-330.
sha256 d65b7d9af6fedad49b12a9a00227db75… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 1996Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
History.—s. 26, ch. 89-282; s. 4, ch. 91-243; s. 430, ch. 95-148; s. 12, ch. 96-330.
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Is section 322.62 a traffic infraction?
This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.
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