How Will a DUI Impact My Commercial Driver’s License?

If you drive a commercial vehicle, your commercial driver’s license (CDL) is the key to your life. Without it, you can’t do your job, which means you can’t support yourself. Getting a DWI, OWI, or DUI conviction will put an immediate halt to your commercial driving activities.

Learning about the penalties and consequences that happen to your CDL will help you understand why it’s so important not to drink and drive.

What Is a Commercial Driver’s License (CDL)? 

A commercial driver’s license (CDL) is a type of license that you obtain from your local Department of Motor Vehicles (DMV). Similar to a motorcycle license, this extra certification is noted on your standard Class D driver’s license. A CDL allows you to legally drive a commercial motor vehicle in addition to your personal vehicle.

There are three classifications of CDL that you can obtain: Class A, B, and C. Each designates the type and size of vehicle you can drive.

How Does a DUI Charge Affect a CDL Holder?

If you have a CDL, you likely need it for your professional career. Getting a DUI can significantly impact your entire life, personally and professionally. The most significant is the loss of driving privileges, which can result in a loss of employment. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, you have 30 days to notify your employer of your DUI.

Once your CDL gets revoked, you can no longer legally drive a commercial vehicle. This can bring a halt to your income. You can then face heavy fines and potential jail time, further frustrating your efforts to support yourself and your family.

What Is the BAC Limit for CDL Holders?

The legal limit for blood alcohol content (BAC) for CDL drivers is .04, half of the personal vehicle driver’s license of .08. This is standard across all states and is set by the Federal Motor Carrier Safety Administration (FMCSA). The purpose is to hold CDL holders to a higher standard and prevent drunk driving or driving under the influence of a controlled substance.

“The blood alcohol limit of .04 only applies when driving a commercial vehicle,” says Nathan Dineen, an attorney who represents CDL holders facing DUI charges in Germantown, Wisconsin. “Even though you have a CDL, if you are driving on your Class D license and in your personal vehicle, the legal driving limit would be .08.”

The blood alcohol limit of .04 only applies when driving a commercial vehicle. Even though you have a CDL, if you are driving on your [standard] Class D license and in your personal vehicle, the legal driving limit would be .08.

Will a CDL Be Suspended or Revoked With a DUI Conviction?

Yes, every state has administrative laws in place that will automatically suspend or revoke your CDL license upon getting a DUI. While the specific length of time varies between states, the minimum is one year.

Depending on the circumstances surrounding your DUI and criminal charges conviction, your revocation period could be several years. For example, if you are transporting hazardous substances, the minimum revocation time increases to three years.

What Are the Penalties for a DUI Conviction for a CDL Holder?

The penalties for your DUI conviction while being a CDL holder can be extensive. They will vary based on your state, the circumstances of your DUI, and your defense. Possible penalties include a revoked CDL license, jail time, fines, and an alcohol or drug treatment program.

Dineen explains that while your CDL may get revoked, you could still have a hardship/occupational license to drive your personal vehicle. There are consequences for your DUI that will impact this conditional license. This also applies to a vehicle you drive professionally, even if it isn’t classified as a license requiring a CDL.

You may also have penalties that impact your non-commercial vehicle license, such as an ignition interlock device (IID). “An IID attaches to you personally, not to a vehicle,” says Dineen. “So, any vehicle that you drive must have an IID in it. So, if you work for an electrician company and they’re willing to put an IID into a commercial van, then you can drive it. But it would be under your Class D, not under a CDL.”

Refusing to participate in the testing during a traffic stop for suspicion of DUI can make your penalties harsher. Many states have harsher penalties because drivers give “express consent” to be tested when arrested for probable cause. Common tests during or following traffic stops include:

• Field sobriety tests
• Chemical tests
• Breath tests
• Blood tests

How Long Will a DUI Conviction Stay on Record for a CDL Holder?

The length of time a DUI stays on your record will vary significantly based on your state and conviction charges. Some states are as short as five years, while many are as long as ten years. However, some states have longer record lengths of 25, 50, and 75 years.

The most restrictive states require the DUI conviction to stay on your record for the rest of your life.

Can You Get a Commercial Driver’s License With a DUI?

You might be able to get a CDL license with a DUI on your record. Most states allow you to get your CDL license reinstated after a period of time following your first DUI conviction. If you have a DUI conviction on your record, talking with a DUI/DWI lawyer can help you understand your options.

Despite being able to get a CDL, you will want to consider your work prospects. You may struggle to find an employer willing to hire you with a DUI on your record. The majority of employers want someone with a clean driving record. You may have an easier time if your DUI conviction is from years ago.

Can a CDL Be Reinstated After It’s Been Suspended From a DUI Conviction?

Yes, you can probably get your CDL license reinstated after your first offense. You will need to wait until after your CDL suspension to apply for reinstatement. You may also need to comply with additional requirements, depending on your state, your DUI criminal conviction, and the length of your suspension. You may need to pay reinstatement fees, retake the CDL exam, or attend a substance abuse assessment or treatment program.

The first step to reinstating your CDL is to file an application for reinstatement with your local DMV office. You will need to show that you have completed all of the requirements. The DMV will perform an investigation to review your application and confirm you have completed all requirements. This is when you may need to take a skills test. If the DMV determines you are safe to drive, they will reinstate your CDL.

If you get more than one DUI, you most likely will not be able to get your CDL license back. For the majority of states, it is an automatic disqualification. There are rare exceptions to this. For example, Colorado has a lifetime ban, but you may be able to get your CDL reinstated after ten years. It is best to speak with a DUI/DWI attorney in your state.

Dineen explains how the CDL reinstatement process works in Wisconsin: “If it’s a first-time offense OWI [DUI/DWI] and it’s after a year from the date of conviction or revocation of the license, then yes, you would be eligible to get your CDL back. A second offense would be a lifetime revocation.”

Seek Legal Advice for Your CDL DUI

Regular drivers, truck drivers, and anyone with a CDL license can benefit from speaking to a criminal defense attorney when facing DUI/DWI charges. This valuable legal advice will help you understand your options and the potential consequences to your CDL.

Visit the Super Lawyers directory to begin your search for an experienced DUI lawyer. For more information on these legal issues, see our overview of DUI defense and DUI law.