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CDL Disqualification Periods for Major Offenses

Major Offenses which can result in CDL Disqualification

  • 1st conviction = 1 yr; if while operating a CMV transporting hazardous materials as defined in § 383.5 = 3 yrs
  • 2nd conviction = life

NOTES:
The disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)]) Applicable for CLP or CDL holder in any type of vehicle and non-CLP/CDL holders operating a CMV - except if the offense stipulates operation of a CMV only)


For 1st conviction – ACD Code of withdrawal is same as ACD Code of conviction; see W40 and A50 in Withdrawal section for further details.

Retention Period: 55 years from conviction date


These violations include violation of a federal, state, or local law or regulation pertaining to one of the following nine offenses:

383.51(b)(1) Operating motor vehicle under influence as prescribed by State Law
A08        Driving under the influence of alcohol with BAC at or over .08
A10        Driving under the influence of alcohol with BAC at or over .10
A11        Driving under the influence of alcohol with BAC at required) – where the BAC is ≥ 0.08
A20        Driving under the influence of alcohol or drugs
A21        Driving under the influence of alcohol
A23        Driving under the influence of alcohol and drugs
A90        Administrative per se for BAC at or over .10
A91        Administrative Per Se for BAC at _ _ (detail required) – where the BAC is ≥ 0.08
A98        Administrative per se for BAC at or over .08

383.51(b)(2) Operating motor vehicle being under the influence of controlled substance
A20        Driving under the influence of alcohol or drugs
A22        Driving under the influence of drugs
A23        Driving under the influence of alcohol and drugs

383.51(b)(3) Operating CMV while having an alcohol concentration of 0.04 or greater
A04        Driving under the influence of alcohol with BAC of at least .04 but not greater than .079
A11        Driving under the influence of alcohol with BAC at or over (detail required) – where the BAC is ≥ 0.04
A91        Administrative Per Se for BAC at _ _ (detail required) – where the BAC is ≥ 0.04
A94        Administrative per se for BAC of at least .04 but not greater than .079

383.51(b)(4) Refusing to take alcohol test as required by a State of jurisdiction under its Implied consent laws or regulations as defined in 383.72
A12        Refusal to submit to test for alcohol – Implied Consent Law

383.51(b)(5) Leaving scene of an accident
B01        Hit and run-failure to stop and render aid after accident
B02        Hit and run-failure to stop and render aid after accident – Fatal accident
B03        Hit and run-failure to stop and render aid after accident-Personal injury accident
B04        Hit and run-failure to stop and render aid after accident-Property damage accident
B05        Leaving scene before police arrive
B06        Leaving scene before police arrive– Fatal accident
B07        Leaving scene before police arrive-Personal injury accident
B08        Leaving scene before police arrive– Property damage accident

383.51(b)(6) Using vehicle to commit felony (not a traffic offense)
U03        Using a motor vehicle in connection with a felony (not traffic offense)

383.51(b)(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV
B20        Driving while license withdrawn (MCSIA)
B21        Driving while license barred (MCSIA)
B22        Driving while license canceled (MCSIA)
B23        Driving while license denied (MCSIA)
B24        Driving while license disqualified(MCSIA)
B25        Driving while license revoked (MCSIA)
B26        Driving while license suspended (MCSIA)

383.51(b)(8) Causing a fatality through negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide
U07        Vehicular homicide
U08        Vehicular manslaughter
U09        Negligent homicide while operating a CMV(MCSIA)
U10        Causing a fatality through the negligent operation of a CMV (MCSIA)

383.51(b)(9) Using the vehicle in commission of a felony involving manufacturing, distributing, or dispensing a controlled substance
A50        Motor vehicle used in commission of a felony involving manufacturing, distributing or dispensing a controlled substance