How Will a DUI Affect My Commercial Driver's License?

Commercial drivers are held to a higher standard than other motorists on the road. This includes the legal limit for impaired driving. Drivers behind the wheel of a commercial motor vehicle are over the limit if their blood alcohol level is 0.04% or higher. For other drivers, the limit is 0.08%.

Commercial drivers also face more severe penalties after a drunk driving arrest. This can include suspending a commercial driver’s license for a year. DUI laws can vary by state, even for CDL drivers. For more information about how a DUI will impact your commercial driver’s license, talk to a DUI defense lawyer for legal advice.

What Happens if I Get a DUI in a Commercial Vehicle?

Driving under the influence (DUI) is a crime for all drivers. However, measuring impairment is different for commercial drivers and regular drivers. Impaired drivers have a blood alcohol content (BAC) that is over the limit. The legal limit can depend on the type of driver, as follows:

• Drivers with a regular driver’s license: 0.08% BAC
• CDL drivers (CMV): 0.04% BAC

The Federal Motor Carrier Safety Administration (FMCSA) sets commercial driving regulations for commercial vehicle drivers and anyone who owns or drives a CMV. Commercial drivers are subject to random drug and alcohol testing as part of their employment. They are also tested following an accident.

The CDL limit is not restricted to commercial vehicles. You can get a DUI even when you are off duty if you are driving a CMV. Any person driving a CMV is disqualified with a BAC over 0.04%, regardless of duty status.

It does not take much for a commercial driver to exceed the legal limit. It may only take a couple of drinks for a commercial driver to be legally impaired.

Do You Have to Notify Your Employer After a DUI?

Commercial drivers must notify their employer within 30 days of a traffic violation, including a conviction for a DUI charge. Even if you were driving your personal vehicle at the time, federal laws require you to report serious traffic violations to your commercial driving employer.

Your employer may take it more seriously if you don’t report the DUI offense. They will likely find out when it is time to review your motor vehicle record. Talk to your attorney if you’re unsure whether you need to report something on your criminal record.

How Long Will My CDL Be Suspended After a DUI Conviction?

After a first offense of drunk driving, commercial drivers will have their CDL disqualified for one year. If the driver were in a commercial vehicle transporting hazardous material, they would face a three-year suspension. During this suspension period, drivers cannot work as commercial drivers.

A second DUI is much more serious for commercial drivers. After a second drunk driving conviction, CDL holders can lose their commercial driving privileges for life.

Can Commercial Drivers Refuse a Breath Test or Blood Test?

Commercial drivers give their implied consent to chemical testing. Drivers agree to submit to breath and blood testing when police officers have a reasonable suspicion of impairment. This includes a breathalyzer or a request for a blood draw to test the driver’s blood alcohol concentration.

Refusing a chemical test after a drunk driving arrest can result in an automatic license suspension for one year. As a commercial driver, you can also face additional jail time. Multiple test refusals can result in longer suspension periods for truck drivers.

Can You Get a Commercial Driving License With a DUI?

You may be eligible to get a CDL if you have a DUI on your record, but there are restrictions. If you have a recent drunk driving conviction, you may have to wait at least a year before you can apply for a CDL. Even if you do get a CDL, most employers are hesitant to hire someone with a recent drunk driving conviction on their record.

How Do You Get Your CDL Reinstated After a DUI Suspension?

Regular drivers can reinstate their driver’s license after a waiting period and by completing the probation terms. Reinstating a commercial driver’s license can take more time. After a first-time commercial DUI, you have to wait out the suspension and complete the court requirements. This can include:

• Waiting until the end of a one-year CDL suspension period
• Provide proof of payment for all court fines and fees
• Complete DUI school or alcohol safety programs
• Complete a CDL driving skills and knowledge test
• Pay CDL reinstatement fees

Can You Get a CDL After a Lifetime Disqualification for Drunk Driving?

Disqualified for life sounds permanent. However, some states will allow you to reinstate a commercial license even after disqualification. Eligibility depends on state law. Some states will reinstate a CDL after waiting 10 years or longer. This may be available for drivers who voluntarily complete an alcohol treatment and education program.

How Can a DUI Lawyer Help With Commercial Drivers in a DUI Case?

A DUI defense attorney can review your case and explain your legal options. Your attorney can challenge the breath testing to show that the results were unreliable. Your attorney can also negotiate to reduce the criminal charges and help you avoid a suspended CDL.

There is a lot at stake for commercial drivers accused of driving under the influence. Losing your license can mean losing your job. If you hold a CDL and are facing a drunk driving conviction, consult with a DUI criminal defense lawyer.