What Is CDL Disqualification?
CDL disqualification refers to the temporary or permanent revocation of a truck driver’s commercial driving privileges due to traffic law violations, drug/alcohol offenses, or other disqualifying actions. For commercial drivers, losing their CDL means losing their job, income, and ability to support themselves and their families.
Understanding CDL disqualification laws, the associated penalties, and potential defenses can help you avoid losing your job and ensure you remain legally on the road.
Common Reasons for CDL Disqualification
CDL holders are held to higher driving standards than regular drivers. Certain offenses can lead to a temporary or permanent revocation of a CDL, depending on the severity of the violation. Below are the most common reasons for CDL disqualification:
1. Major Traffic Offenses
Some traffic violations automatically result in CDL disqualification, regardless of whether the offense occurred in a commercial or personal vehicle:
DUI/DWI (Driving Under the Influence): A BAC of 0.04% or higher in a commercial vehicle is grounds for disqualification. A DUI in a personal vehicle can also lead to CDL loss.
Refusing a Breathalyzer Test: Refusing to take a breathalyzer test is treated as an admission of guilt and results in an automatic CDL suspension.
Leaving the Scene of an Accident: Hit-and-run violations are considered severe offenses.
Felonies Involving a Motor Vehicle: This includes using a commercial vehicle for illegal activities, such as drug trafficking.
Causing a Fatality: Reckless or negligent driving that results in a fatal crash will lead to CDL revocation.
Penalty:
First offense: One-year disqualification (three years if transporting hazardous materials).
Second offense: Lifetime CDL revocation.
2. Serious Traffic Offenses
While less severe than major offenses, repeated serious traffic violations can still lead to CDL disqualification:
– Excessive speeding (15 mph or more over the speed limit).
– Reckless driving.
– Improper lane changes or weaving.
– Following too closely.
– Texting or using a handheld phone while driving.
Penalty:
– Two serious offenses within three years: 60-day disqualification.
– Three serious offenses within three years: 120-day disqualification.
3. Railroad Crossing Violations
Failing to comply with railroad crossing regulations is a serious offense:
– Failure to slow down or stop when required.
– Crossing a railway without sufficient clearance.
– Ignoring warning signals.
Penalty:
– First offense: 60-day disqualification.
– Second offense within three years: 120-day disqualification.
– Third offense within three years: One-year disqualification.
4. Out-of-Service Order Violations
If a commercial vehicle is deemed unsafe and placed out of service, operating it can result in CDL disqualification.
Penalty:
– First offense: 180-day disqualification.
– Second offense within ten years: Two-year disqualification.
– Third offense within ten years: Three-year disqualification.
5. Drug and Alcohol Offenses
Commercial drivers must comply with federal drug and alcohol testing regulations. The following violations will result in CDL disqualification:
– Testing positive for illicit drugs in a DOT drug test.
– Failing a drug or alcohol test.
– Driving under the influence.
Penalty:
– First offense: One-year disqualification.
– Second offense: Lifetime disqualification.
Consequences of CDL Disqualification
Losing your CDL has far-reaching consequences beyond the inability to drive:
– Loss of Employment:** Most trucking companies terminate drivers with a disqualified CDL.
– Hefty Fines & Legal Costs:** Some offenses carry fines exceeding $1,000,000.
– Higher Insurance Rates:** Future employment opportunities may be limited due to increased insurance costs.
– Permanent Career Impact:** Certain offenses can result in a lifetime loss of your CDL.
How to Fight CDL Disqualification
If you’re facing CDL disqualification, take the following steps to defend yourself:
1. Hire a CDL Defense Attorney
A specialized attorney can help you:
– Contest the evidence against you.
– Request a reduction or dismissal of charges.
– Protect you against wrongful accusations.
– Apply for a CDL disqualification hearing.
2. Request a Hearing
In most states, you can contest CDL disqualification by requesting a hearing. Your attorney can present evidence and argue on your behalf.
3. Attend Defensive Driving or Traffic School
For minor offenses, completing a driver improvement course may help avoid disqualification or reduce penalties.
4. Apply for CDL Reinstatement
If your CDL is suspended, you may be able to regain it after the disqualification period by:
– Paying reinstatement fees.
– Completing a DOT-approved driving program.
– Passing a CDL re-exam.
CDL Disqualification FAQs
Can I Still Drive a Personal Vehicle if My CDL Is Revoked?
Yes. Federal disqualification does not affect your personal driver’s license unless the violation also impacts ordinary driving privileges (e.g., a DUI).
How Long Does CDL Disqualification Last?
It depends on the offense:
– Serious violations: 60-120 days.
– DUI or drug offenses: One year (three years if transporting hazardous materials).
– Second offenses: Lifetime disqualification.
Can I Regain My CDL After Disqualification?
In some cases, yes. Some states allow CDL reinstatement after meeting court requirements. Repeat offenses may lead to permanent revocation.
Do Employers Verify CDL Disqualifications?
Yes. Most trucking companies check the FMCSA Clearinghouse and state DMV records before hiring.
How to Protect Your CDL and Your Career
As a professional driver, one mistake shouldn’t cost you your CDL and livelihood. Follow these tips to protect yourself:
-Obey all traffic laws:** Avoid speeding, distracted driving, and maintain a safe following distance.
-Take DOT drug testing seriously:** Never refuse a drug or alcohol test.
-Challenge unfair violations:** If accused of a violation, seek help from a CDL defense attorney.
-Maintain records of incidents:** Documentation can be crucial in court if needed.
🚛 Your CDL Is Too Valuable to Lose
If you’re facing CDL disqualification, act now to protect your license and career. A CDL defense attorney can help you fight the charges and keep you on the road.
