Understanding Commercial Driver’s License Disqualifications
What will happen to my commercial driver’s license?
In order to obtain a commercial driver’s license (CDL), additional tests and standards must be met that are above and beyond getting a regular driver’s license. Commercial motor vehicles are often much bigger and heavier than non-commercial motor vehicles and sometimes transport hazardous materials. For these reasons, CDL holders are held to a higher standard than non-CDL holders, and can have their endorsement disqualified for different convictions.
Disqualifications
If you are convicted of any of the following violations when driving a commercial or non-commercial motor vehicle, you will be disqualified or prohibited from driving commercial motor vehicles (CMV).
1-Year Disqualification
- Driving w/ BAC of .04 or greater
- Driving while under the influence of drugs
- Refusal of breath and/or blood test
- Leaving the scene of an accident
- Using a vehicle to commit a felony
- Driving a CMV when CDL is suspended, revoked or cancelled
- Causing a fatality through negligent operation of a CMV
- Making a false statement on any application for a commercial driver’s license
- Falsifying a urine test
2-Year Disqualification
- Convicted of violating an out-of-service order while operating a commercial vehicle designated to transport 16 or more passengers (including driver)
3-Year Disqualification
- If convicted of one of the above reference offenses listed above while transporting hazardous materials
Life-time Disqualification
- If you receive a 2nd conviction of one of the above violations
- If convicted of using a commercial motor vehicle in the manufacture or illegal distribution of drugs
60-Day Disqualification
- If convicted of 2 serious violations within a 3-year period
120-Day Disqualification
- If convicted of 3 or more serious violations within a 3-year period
5-Year Disqualification
- For the 2nd and subsequent convictions of violating out-of-service-orders
- If convicted of voluntary or involuntary manslaughter where a death occurred as a direct result of the operation of CMV
“Serious” Traffic Violations
- Driving 15+ miles per hour in excess of the posted speed limit
- Reckless Driving
- A violation resulting in a fatal traffic crash
- Improper or erratic lane change
- Following too closely
- Driving a CMV w/o CDL
- Driving a CMV w/o a CDL in the driver’s immediate possession
- Texting while operating a CMV
CDL Driving Record Points
The VA DMV can also suspend your CDL for accumulating too many driving record points in certain period of time. If you have accumulated 18 points in 12 months or 24 points in 24 months, the DMV will suspend your CDL for 90 days. After the suspension period, the CDL holder will be placed on a 6-month probationary period where any moving violation could result in another suspension, followed by another period of probation. This can be a tough cycle to get out of once it has begun.
Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.