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Florida Statute 322.62 | Lawyer Caselaw & Research
F.S. 322.62 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 322.62

The 2023 Florida Statutes (including Special Session C)
Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.62
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.

F.S. 322.62 on Google Scholar

F.S. 322.62 on Casetext

Amendments to 322.62


Arrestable Offenses / Crimes under Fla. Stat. 322.62
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.62.

Civil Citations / Citable Offenses under S322.62
R or S next to points is Mandatory Revocation or Suspension

S322.62 COMMERCIAL MOTOR VEHICLE - Driving with ALCOHOL CONCENTRATION greater than .00 to less than .04 - Points on Drivers License: 3
S322.62 Driving with ALCOHOL CONCENTRATION .04 or HIGHER (disqualified from operating CMV) - Points on Drivers License: 3 *
S322.62 (1) COMMERCIAL MOTOR VEHICLE - Driving with ALCOHOL - Points on Drivers License: 3 *
S322.62 (1) Driving with ALCOHOL CONCENTRATION .04 or HIGHER [* disqualified from operating CMV] Note 20, 20(a), 20(b) - Points on Drivers License: 3 *

Annotations, Discussions, Cases:

Cases from cite.case.law:

In D. McMICHAEL, III, KAMJO CORPORATION, v. D. McMICHAEL, III,, 146 B.R. 661 (Bankr. E.D. Va. 1991)

. . . 1991, Haycox and Hamblin obtained judgment against Kamjo in the circuit court in the amount of $31,-322.62 . . .

CORTE, v. DEPARTMENT OF ADMINISTRATION, CAREER SERVICE COMMISSION, 386 So. 2d 875 (Fla. Dist. Ct. App. 1980)

. . . It also granted him costs in this matter in the amount of $322.62 and said that this sum represents costs . . .

v., 11 B.T.A. 706 (B.T.A. 1928)

. . . The March 1, 1913, value of each share of stock was $322.62, which was in excess of cost to Enoch Stott . . . Stott, his wife, owned eight shares of stock of the company at the same date which cost her less than $322.62 . . .