
For a commercial driver, a DUI is more than a court case. It can end your ability to earn a living behind the wheel. Federal rules in 49 CFR 383.51 set minimum disqualification periods that every state must enforce, and many states add penalties on top of them.
First offense
A first DUI conviction disqualifies a CDL holder from operating a commercial motor vehicle for at least one year. If you were hauling placarded hazardous materials at the time, the minimum jumps to three years.
Second offense
A second major offense from a separate incident brings a lifetime disqualification. Federal rules let states offer reinstatement after 10 years if the driver completes an approved rehabilitation program, but another offense after reinstatement is permanent.
What counts as a major offense
- Driving a CMV with a blood alcohol concentration of 0.04 or higher
- Driving any vehicle under the influence of alcohol or drugs as defined by state law
- Refusing an alcohol or drug test under implied consent laws
- Leaving the scene of an accident
- Using a vehicle to commit a felony
- Driving a CMV while your CDL is revoked, suspended or disqualified
- Causing a fatality through negligent operation of a CMV
It applies in your personal vehicle too
Many CDL holders are surprised to learn that a DUI in their own car or pickup still triggers CDL disqualification. See our guide on CDL DUIs in a personal vehicle.
Reporting duties
Under 49 CFR 383.31 you must notify your employer of a traffic conviction within 30 days. Under 383.33 you must notify your employer of a license suspension or disqualification before the end of the next business day.
Your next steps
- Write down everything you remember about the stop while it is fresh.
- Note every deadline on your paperwork. Many states give you only days to request an administrative hearing.
- Talk to an attorney who handles CDL cases specifically. See how to choose one.
Keep the rules in your cab
ComplianceFMCSR Pocketbook
The federal trucking rules in a cab sized book, including Parts 382, 383 and 392.
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ProtectionDual Dash Cam for Trucks
Front and cab footage can document a stop or crash exactly as it happened.
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SafetyFuel Cell Breathalyzer
A more accurate personal check than cheap sensor models. Useful for drivers held to a 0.04 limit and the four hour rule.
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CommercialDUI.com is an independent information resource for commercial drivers. We are not a law firm and nothing on this site is legal advice. Laws change and vary by state, so confirm details with your state licensing agency or a licensed attorney.
