Can You Get a CDL License if You’ve Been Charged With a DUI

The process of obtaining a Commercial Driver’s License (CDL) after being charged with a Driving Under the Influence (DUI) offense can be complex and varies from state to state. Here’s an outline of the general procedure and considerations based on the data from multiple sources:

1. Initial Revocation/Suspension:

– Your CDL can be revoked or suspended upon a DUI charge or conviction. The length of revocation or suspension largely depends on the state laws and the specifics of the DUI offense.
  – Typically, after a first DUI conviction, the CDL is revoked for up to three years. If there’s an additional conviction for driving while intoxicated, it can result in a lifetime revocation of the CDL, though there’s a possibility to petition for reinstatement after 10 years have elapsed.

For a first-time DUI under a CDL, it’s considered a class 1 misdemeanor, which is deemed the most serious category of misdemeanor. This results in a one-year suspension of the commercial license. Additionally, the driver’s regular license will be suspended for 30 to 90 days, up to $2,500 in fines can be imposed, and there’s a possibility of up to six months of jail time.

A DUI conviction also comes with approximately $2000 in fines and fees, mandatory substance abuse classes, a minimum of one day in jail, a Class 1 Misdemeanor on your criminal record, at least a 90-day suspension of your Class D license, and revocation of your CDL (Class A, B, C) for a minimum of one year.

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2. Eligibility Period:

– Generally, any type of driver’s license suspension or revocation due to a DUI will make you ineligible for a CDL for a period of 36 months (3 years). However, you can still obtain a Commercial Driver’s License even if you’ve been charged with a DUI. However, it’s a complex process with numerous ramifications. The federal regulations stipulate that a CDL holder convicted of DUI, test refusal, or driving a commercial motor vehicle (CMV) with a BAC of .04% will face a disqualification of at least one year​ qualification stretches to at least three years if the DUI offense occurred in a hazardous materials CMV.

Once convicted, the CDL will be suspended for a year, and any operation of a commercial vehicle during this period is illegal. Engaging in such will attract severe legal consequences, potentially including jail time. To have the CDL reinstated, certain criteria must be met, although these specifics weren’t elaborated in the source.

3. CDL Reinstatement:

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  – Once the revocation or suspension period is over, you can apply to get your CDL reinstated. This usually involves a thorough review process by the state’s Department of Motor Vehicles (DMV) or equivalent authority.
  – You might need to complete certain requirements such as attending DUI school, fulfilling court-ordered obligations, paying reinstatement fees, and possibly passing the CDL examination again.

4. Other License Considerations :

  – The process could be more complicated if hazardous materials were involved in the DUI incident.
  – Having a DUI conviction can significantly affect your employability in the trucking industry, even after reinstatement of your CDL. Many trucking companies have strict policies against hiring drivers with DUI convictions on their records.

5. State-Specific Regulations:

– It’s essential to consult with a legal professional or your state’s DMV for the most accurate information regarding your specific situation as the regulations can vary significantly from one state to another.

6. Legal Counsel:

– It’s advisable to seek legal counsel to understand the full implications of a DUI charge or conviction on your CDL status and what steps you can take to mitigate the effects.

-Navigating the process of CDL reinstatement post-DUI can be intricate. It’s crucial to adhere to all legal obligations and seek professional advice to ensure you’re taking the right steps towards regaining your CDL and continuing your career in the trucking industry.