Penalties
DUI With a Commercial Driver's License (CDL)
What Happens if You Get a DUI With a CDL?
A DUI with a CDL costs you your commercial driving privilege for at least 1 year under federal rules, even if you were driving your own car when you were arrested, and a second DUI disqualifies you for life. In a commercial vehicle the alcohol limit is 0.04, half the 0.08 adult limit. Refusing a test brings the same 1-year disqualification. Your state still handles the criminal case and your regular license, so check your hearing deadline with the DUI deadline calculator.
What a DUI With a CDL Means for Your Commercial License
A DUI with a CDL hits you twice. Your state prosecutes the DUI and handles your regular license the same way it would for any driver. On top of that, federal rules require your state to disqualify you from driving a commercial motor vehicle, and that federal penalty is the one that usually ends or pauses a driving career.
The federal rules come from the Federal Motor Carrier Safety Administration’s regulations in Title 49 of the Code of Federal Regulations. Federal rules require each state to disqualify the CDL holders it licenses for these offenses (49 CFR 384.231), so the minimum disqualification periods below are the same in Texas, Ohio or California. What changes from state to state is the criminal penalty, the regular license suspension, the hearing deadline and whether you can drive your own car in the meantime.
If you were just arrested, the most urgent step is the administrative license hearing. The window to request one can be short, and it starts at the arrest, not the conviction. Find your deadline with the DUI license hearing deadline calculator.
The 0.04 Limit for Commercial Drivers
When you drive a commercial vehicle, the legal alcohol limit is 0.04, half the 0.08 limit for ordinary drivers. Federal rules bar you from reporting for or staying on duty in a safety-sensitive job at 0.04 or more (49 CFR 382.201). State DUI laws carry the same commercial limit; Texas, California, Florida, New York, Ohio and most other states set 0.04 in their own statutes, as the state table below shows.
The federal rules go further than the 0.04 line:
| Federal alcohol rule for CMV drivers | What it means |
|---|---|
| 0.04 or more while driving a CMV | Grounds for a 1-year disqualification on a first conviction |
| 0.02 to under 0.04 on a required test | Off safety-sensitive work until your next scheduled duty period, and at least 24 hours (49 CFR 382.505) |
| Any measured or detected alcohol while on duty | Placed out of service for 24 hours (49 CFR 392.5) |
| Drinking within 4 hours before duty | Prohibited (49 CFR 392.5) |
A commercial motor vehicle, for these rules, is a vehicle used in commerce that weighs 26,001 pounds or more (or a combination at that weight towing more than 10,000 pounds), is designed to carry 16 or more people including the driver, or carries placarded hazardous materials at any size (49 CFR 383.5).
The 0.04 limit applies only while you drive a commercial vehicle. In your own car, you face the same limit as every other adult driver in your state. Compare the limits in Blood Alcohol Content Limits by State.
CDL Disqualification Periods for DUI and Refusal
The disqualification periods come from Table 1 of 49 CFR 383.51. They are minimums your state must apply.
| Offense | First conviction, in a CMV | First conviction, in your personal vehicle | First conviction, hauling hazmat | Second conviction |
|---|---|---|---|---|
| DUI under state law (alcohol) | 1 year | 1 year | 3 years | Life |
| DUI involving a controlled substance | 1 year | 1 year | 3 years | Life |
| 0.04 or more in a CMV | 1 year | Not applicable | 3 years | Life |
| Refusing a test under implied consent | 1 year | 1 year | 3 years | Life |
| Leaving the scene of an accident | 1 year | 1 year | 3 years | Life |
Several rules make these periods harsher than they look:
- Any combination counts. The second-offense lifetime disqualification applies to a second conviction or refusal “of any combination of offenses” in the table, from a separate incident. A refusal followed years later by a DUI can mean life.
- Car and truck incidents add together. Convictions count toward your total whether they happened in a commercial vehicle or your own car.
- Periods stack. A new disqualification runs in addition to any earlier one.
- Hazmat triples the first penalty. A first offense while hauling placarded hazardous materials brings 3 years.
Yes, a DUI in Your Own Car Counts
This surprises many drivers, so it is worth saying plainly: the regulation itself says a CDL holder is subject to disqualification if the holder “drives a CMV or non-CMV” and is convicted (49 CFR 383.51(a)(3)). Table 1 gives a separate column for a non-CMV, meaning your own car or pickup, and sets the same 1-year first-offense and lifetime second-offense periods for a DUI or a refusal.
The one difference is the 0.04 offense. That rule is marked “not applicable” for a personal vehicle, so in your own car you are judged by your state’s regular DUI law and adult limit. Once you are convicted of DUI under that law, though, the federal disqualification follows.
The same is true of a refusal. Refusing a breath or blood test under your state’s implied consent law brings a 1-year CDL disqualification even if you were off duty in your own car. For how refusal works for every driver, see Implied Consent: What Happens If You Refuse a Test, and for a state example, California refusal rules.
Commercial (CDL) Limit by State
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
Why CDL Holders Can’t Plead Around It
Three federal rules close the usual paths that lessen a DUI for other drivers.
No masking or diversion. A state may not mask a conviction, defer judgment or use a diversion program that would keep a CDL holder’s traffic conviction off the national CDL driver record, and this applies to a violation “in any type of motor vehicle” (49 CFR 384.226). A first-offender program that clears a DUI for other drivers may not be available to you in the same way.
A broad definition of conviction. A conviction includes a guilty or no-contest plea, a finding of guilt, a forfeited bail, or simply paying a fine or court costs, even when the penalty is suspended or probated (49 CFR 383.5).
No hardship CDL. A state may not issue a CDL, a learner’s permit or any provisional or temporary commercial permit that lets you drive a commercial vehicle while you are disqualified. The same bar applies while your noncommercial privilege is disqualified, or while any license you hold is disqualified for a traffic offense (49 CFR 384.210). Some states let you drive your own car on a restricted license during a DUI suspension, but that never extends to a truck. See Hardship Licenses After a DUI.
What Your State Adds on Top
The federal disqualification sits alongside your state’s own DUI case. Your state decides:
- The criminal penalties. Jail, fines and probation follow the state’s first- and repeat-offense rules. See First DUI: Penalties and What to Expect and Felony DUI, and state pages such as Ohio OVI penalties.
- Your regular license suspension, which starts with the administrative case after arrest. See Texas license suspension or Florida license suspension.
- Interlock and insurance filings for your personal driving. See Ignition Interlock Devices and SR-22 Insurance After a DUI.
- How long the conviction stays on your records. See How Long Does a DUI Stay on Your Record?
Two federal duties also fall on you and your employer. An employer may not knowingly let a disqualified driver operate a commercial vehicle. And if you are placed out of service under the on-duty alcohol rule, you must report the order to your employer within 24 hours (49 CFR 392.5).
Getting Your CDL Back
For a 1-year or 3-year disqualification, you can return to commercial driving once the period ends and your state’s reinstatement steps are complete. Your state DMV sets those steps.
A lifetime disqualification is not always permanent. A state may reinstate a driver disqualified for life for DUI, refusal and the other major offenses after 10 years, if the driver completes a rehabilitation program the state approves. That is a one-time option: a driver who is reinstated and then convicted of another major offense can never be reinstated (49 CFR 383.51(a)(6)). Using a vehicle in a felony involving making or distributing drugs, or using a commercial vehicle in a human-trafficking felony, brings a lifetime disqualification with no 10-year option.
What to Do This Week if You Hold a CDL
- Request your license hearing. Find the deadline with the deadline calculator. The hearing is where you can contest the suspension of your regular license.
- Write down whether you were in a CMV or your own car, whether you were on duty, and whether you took or refused a test. Those facts decide which federal rule applies.
- Get a lawyer licensed in your state before you enter any plea, because paying the fine counts as a conviction. Your state bar’s lawyer referral service can help, and you can ask the court about a public defender. See How to Find and Choose a DUI Lawyer.
- Read your state’s rules at DUI laws by state, and if you’re unsure what comes next, see What Happens After a DUI Arrest.
Frequently Asked Questions
Can I Get a Hardship CDL After a DUI?
No. Federal rules bar a state from issuing a CDL or any commercial permit, including a provisional or temporary one, that lets a disqualified person drive a commercial vehicle (49 CFR 384.210). Some states offer a restricted license for your personal car; see Hardship Licenses After a DUI.
Can a CDL DUI Be Reduced Through Diversion?
Not in a way that hides it. Federal rules forbid a state from masking a CDL holder's traffic conviction, deferring judgment or using a diversion program that would keep the conviction off the national CDL driver record, in any type of vehicle (49 CFR 384.226).
Does Paying the Fine Count as a Conviction?
Yes. The federal definition of conviction includes a guilty or no-contest plea, a finding of guilt, a forfeited bail, or paying a fine or court costs, even if the penalty is suspended or probated (49 CFR 383.5).
Do I Lose My CDL if I Only Have a Learner's Permit?
Yes. The disqualification rules cover holders of a commercial learner's permit (CLP) as well as a CDL, and anyone who is required to have one, so driving a commercial vehicle without the right license doesn't avoid them.
Can I Ever Get My CDL Back After a Lifetime Disqualification?
Possibly once. A state may reinstate a lifetime disqualification for DUI and the other major offenses after 10 years if you complete a state-approved rehabilitation program. A later disqualifying conviction after that reinstatement is permanent (49 CFR 383.51(a)(6)).
Does a CDL DUI Stay on My Record Longer?
The federal disqualification is separate from your state's driving and criminal records, and record rules vary by state. See How Long Does a DUI Stay on Your Record?
More on Penalties
- Is a DUI a Felony?When a DUI becomes a felony in each state
- First DUIFirst-offense penalties across the states and what happens next
- Felony DUIRepeat-offense and injury felonies and how lookback periods work
- Underage DUIUnder-21 limits and penalties
- DUI vs DWI vs OWIWhat each term means and which states use which
- What OWI MeansOperating while intoxicated, and the states that use the term
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.