Do You Lose Your Commercial Driver's License If You Get a DUI?

Commercial driver’s licenses (CDLs) allow someone to drive the specialized vehicles that move freight and people across the country. Truck drivers, bus drivers, and professional limo drivers all need CDLs to operate their vehicles.

Because of the nature of the job, the federal government licenses and regulates all matters related to commercial driving. The Federal Motor Carrier Safety Administration (FMCSA) sets all standards for commercial drivers, including DUI regulations.

Driving under the influence, even off duty, can result in longer suspension periods and a permanent loss of the license. If you’re facing a DUI charge and are concerned about how it might impact your CDL, contact a local DUI attorney for advice. They can walk you through your options and help you build the strongest defense possible in your case.

When a Commercial Driver’s License Is Necessary

A commercial driver’s license allows drivers to drive specific large vehicles or cargo. Commercial drivers have much higher standards than noncommercial drivers. 

You must have a CDL if you drive:

• Vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, including towing a 10,001-pound trailer, such as tractor-trailers, semis and big rigs, and large construction vehicles
• Passenger vehicles that carry 16 or more passengers, such as public and private buses, school buses, and some other transit vehicles
• Any vehicle transporting hazardous materials, which includes anything that poses “a risk to health or safety” during transport — these vehicles also require a hazmat endorsement and must carry a DOT hazardous material placard during transit
• Interstate and intrastate transport vehicles (long-haul truckers that carry cargo between states)
• Any truck with a “tank,” such as a gasoline or oil truck

Companies that employ commercial drivers must ensure their drivers follow FMCSA regulations and have current CDLs at all times. That’s why a commercial driver’s DUI can affect their career. Losing the CDL means the driver can no longer drive these vehicles.

FMCSA and DUI Regulations

The FMCSA sets national guidelines for all commercial drivers. Most states have copied the FMCSA regulations for their own commercial licenses. One mandatory requirement is a clean driving record. States differ on the “lookback” period for DUIs, but a second DUI conviction can prevent you from obtaining a CDL.

The federal blood alcohol concentration (BAC) for commercial drivers is 0.04%, half the limit for regular drivers (0.08%). The commercial BAC limit applies to any commercial vehicle.

Commercial drivers cannot consume alcohol within four hours of going on duty or operating a commercial vehicle, similar to the twelve-hour rule used by airline pilots.

Commercial Testing Regulations

Employers must ensure their drivers adhere to the FMCSA regulations. Commercial motor vehicle companies, such as delivery companies, can test their drivers without violating their civil rights under these conditions:

• Random testing, as long as the drivers know testing is a condition of continued employment
• When the employer has a reasonable suspicion that the driver may be under the influence, such as after an accident or if the driver appears intoxicated on the job
• As a condition of returning to work after a DUI or drug policy violation

FMCSA regulations consider refusal to submit to a blood or breath test as equivalent to pleading guilty to a DUI charge for purposes of retaining a CDL. A driver may avoid jail time, but may still lose their commercial license if they refuse a blood test or Breathalyzer.

How a DUI Affects Your CDL

If you receive a DUI while driving a commercial vehicle, you are subject to the same criminal penalties as a regular driver. You may face fines, jail time, or suspension of your driver’s license. You face much harsher penalties for your CDL. A DUI case can end your commercial driving career.

A driving under the influence conviction can have the following consequences:

• First-time offense: One-year suspension of CDL. The FMCSA has no specific requirements, but employers must have a return-to-work policy for DUI suspensions. These could include alcohol education programs or alcohol tests.
• Second offense: Second and subsequent offenses can result in a lifetime suspension and CDL disqualification. The FMCSA Drug and Alcohol Clearinghouse maintains records of all commercial drivers’ statuses, disqualifications, and reinstatements.
• Hazardous materials: In most states, a DUI while hauling hazardous materials can extend the suspension from one to up to three years.
• Restricted license: A regular driver can get a restricted or limited license that allows them to drive to and from work. “Restricted CDLs” are not available.

CDL drivers must notify their employer of any traffic violation within 30 days of a DUI conviction. Even a DUI offense in their personal vehicle can still result in a CDL suspension or disqualification.

Commercial Driver DUI Defense

For drivers with CDLs, the potential defense strategies are similar to those of regular drivers, such as:

• Challenging breath test or blood test results
• Contesting the legitimacy of the traffic stop (reasonable suspicion) or arrest (probable cause)
• Questioning subjective forms of evidence like field sobriety tests or police officer observations
• Highlighting procedural errors or civil rights violations

A strong legal defense is an important part of protecting your license and career. Commercial drivers face many penalties for a DUI. A conviction or guilty plea can have long-lasting — if not permanent — consequences.

Can I Get My CDL Back After a DUI?

While it’s possible to reinstate a regular license, CDLs follow a separate process. Drivers may petition for CDL reinstatement after 10 years under certain circumstances, but there’s no guarantee.

Get Legal Advice From a DUI Criminal Defense Attorney

A commercial driver’s license comes with a list of restrictions that other licenses don’t have. A DUI can end a CDL holder’s commercial driving career. The legal limit is lower, and trucking companies have their own rules to follow. CDL disqualifications appear in the national database and follow drivers across state lines.

If you fail a Breathalyzer, chemical, or field sobriety test, you could be facing a lifetime disqualification from commercial driving. Get legal advice from a DUI criminal defense lawyer before your first offense becomes your last day on the job.