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

Driving under the influence (DUI) or driving while intoxicated (DWI) is one of the most common arrests nationwide. Statistics vary, but the National Highway Traffic Safety Administration (NHTSA) estimates that 1.5 million people receive a DUI citation each year. About half of those result in a DUI conviction.

Underage drinking and driving is common in the United States, and most 18- and 19-year-olds don’t think about their DUI arrest until it comes up in a job interview years later. In some states, you can remove a DUI arrest from your record after a certain amount of time. However, a DUI arrest can affect your ability to work in industries regulated by the Department of Transportation (DOT).

Commercial Driving and Federal Regulations

A commercial driver’s license (CDL) is the state driver’s license that lets you drive commercial vehicles like semis and buses. State requirements may differ slightly, but in general, you need a CDL for:

• Vehicles with a Gross Combined Weight Rating (GCWR) over 26,001 for the vehicle, and 10,000 for the towed vehicle. Most tractor-trailer rigs fall into this category.
• Any single vehicle with a gross vehicle weight rating (GCVR) over 26,001, such as garbage trucks or other large vehicles that travel at highway speeds.
• Passenger vehicles that carry more than 16 passengers regardless of weight.
• Any vehicle carrying hazardous materials that require DOT placards regardless of weight.

Because of what CDL drivers transport, the requirements for obtaining a commercial license are strict. The Federal Motor Carrier Safety Administration (FMCSA) sets all standards for who may become a commercial truck driver.

CDL Testing and Requirements

All states have different driver eligibility requirements, but all include age and residency restrictions. At a minimum, drivers must:

• Be at least 18
• Have a valid non-commercial driver’s license
• Have a clean driving record
• Undergo a review of your driving record for disqualifying offenses
• Pass a medical exam and vision test

Like a non-commercial license, a CDL requires a knowledge and skills test. CDL holders must show a basic knowledge of road safety rules for commercial motor vehicles, cargo handling, and inspection reporting.

A skills test, similar to a personal vehicle driving test, shows that the driver knows how to inspect the vehicle, manage the controls, and perform standard road maneuvers. First-time CDL holders must take and pass the Entry-Level Driver Training (ELDT) course.

DUI and CDL Disqualification

According to the FMCSA, the three most common factors in all motor vehicle accidents are “fatigue, alcohol, and speeding.” Fatigue and speeding have many causes, but there is only one cause of drinking.

Trucking companies and state departments of transportation take driving under the influence seriously when the driver is at the wheel of an 80,000-pound vehicle.

How a DUI Affects Your CDL Eligibility

The effect of a DUI depends on whether you’re a CDL applicant or already have your CDL license. It also depends on whether this is your first offense or you have multiple DUI offenses on your record.

• If you’re looking for a commercial driving job, disclose any DUI cases on your application. It’s better to explain how and when you got a DUI arrest than get caught hiding it.
• If your driving privileges were suspended after a DUI, you will need to wait until they are restored before applying for a commercial job. A first-time DUI may not have a suspension period, but a second DUI may.

Some states and some types of commercial licenses may place a lifetime ban on anyone with multiple DUIs. If you have a history of drunk driving, you may need to reconsider a commercial driving career.

If You Already Have a CDL

If you already have your commercial driver’s license, a DUI stop is more serious. The FMCSA sets the legal blood alcohol concentration (BAC) for commercial drivers at 0.04%. This is half the legal limit for non-commercial drivers.

State DWI/DUI laws and federal regulations mandate CDL suspension or disqualification for any DUI conviction, even if it involved the driver’s personal vehicle. A first offense can result in a one-year license suspension. After a suspension waiting period, a driver can request reinstatement of their CDL.

A second offense can result in a lifetime suspension. Commercial driver’s license suspensions do not have options for “limited” suspensions that allow a driver to travel to and from work. The driver cannot drive a commercial vehicle until they get the CDL reinstated.

Expungement and Suspension

Although you can sometimes remove or expunge a DUI conviction from your regular driver’s license record under state laws, federal law is different.

An expungement removes the DUI as a criminal offense, allowing you to tell employers you do not have a criminal conviction. But the DMV retains it as an administrative offense. And your DMV record is what affects your CDL qualification.

Even if you have the conviction removed from your record, you must still disclose all convictions on your CDL application.

If you have any convictions for DUI or substance abuse on your record, you should speak with a criminal defense attorney in your area and see if you qualify for expungement. Typically, expungement requires proof of completing the conditions of probation or parole. This can help you with other applications besides your commercial driver’s license.