You’ve always pictured yourself behind the wheel of a big rig, making a living on the open road. You start looking into how to get your CDL, feeling excited about the next chapter… and then it hits you: that DUI conviction from your past.
Suddenly, the questions start flooding in: “Can I still get my CDL after a DUI?”
Here’s the reality: a DUI doesn’t automatically end your chances of becoming a commercial driver. But it does make things a little more complicated. You’ll need to understand the federal rules, state-specific restrictions, and waiting periods that apply before you can get back behind the wheel.
In this guide, we’ll break everything down clearly. From how a DUI affects CDL eligibility to what steps you can take to rebuild your path toward a trucking career.
How a DUI Impacts CDL Eligibility?
Driving under the influence (DUI) is a serious offense that can have long-term consequences, especially for anyone hoping to obtain or keep a Commercial Driver’s License (CDL). Since CDL holders operate large and potentially dangerous vehicles, both federal and state laws impose strict standards to ensure road safety.
A DUI can impact CDL eligibility differently depending on where, when, and how it occurred. Below, we’ll explore the major factors that determine whether you can still qualify for or restore a CDL after a DUI.
Our CDL school admission advisors can review your case and explain your options.
Approximate Blood Alcohol Content (BAC)
In 1 Hour, For Men
| Weight (lbs) | 1 Drink | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 100 | 0.06 | 0.12 | 0.18 | 0.24 | 0.30 | 0.36 |
| 120 | 0.05 | 0.10 | 0.15 | 0.20 | 0.25 | 0.30 |
| 140 | 0.04 | 0.08 | 0.11 | 0.15 | 0.19 | 0.23 |
| 160 | 0.03 | 0.06 | 0.09 | 0.11 | 0.14 | 0.17 |
| 180 | 0.03 | 0.05 | 0.08 | 0.10 | 0.13 | 0.15 |
| 200 | 0.03 | 0.05 | 0.07 | 0.09 | 0.11 | 0.14 |
| 220 | 0.02 | 0.04 | 0.06 | 0.08 | 0.10 | 0.12 |
| 240 | 0.02 | 0.04 | 0.06 | 0.08 | 0.10 | 0.12 |
Color Key:
Low
Caution
Impaired
Legally Intoxicated
Striped: CDL disqualification risk (BAC ≥ 0.04)
CDL Disqualification Periods for DUI Convictions
| Type of DUI | CDL Disqualification Period |
|---|---|
| DUI in personal vehicle | 1 year |
| DUI in commercial vehicle | 1 year (minimum) |
| DUI while hauling hazardous materials | 3 years |
| Second DUI (any type) | Lifetime disqualification (possibility of reinstatement) |
| Third DUI | Lifetime disqualification |
Note: Lifetime disqualification may allow reinstatement after 10 years for second DUI, depending on state.
Personal Vehicle DUI vs Commercial Vehicle DUI
The law draws a clear line between DUIs committed in personal vehicles and those in commercial vehicles.
Personal Vehicle DUI:
If your DUI happened in your own car (not a commercial truck), you might still qualify for a CDL, though your regular driver’s license must first be reinstated.
Commercial Vehicle DUI:
If you were operating a commercial vehicle at the time of the DUI, penalties are much stricter. A conviction often leads to at least a one-year CDL disqualification (or longer for hazardous materials or repeat offenses).
| Personal Vehicle DUI | Commercial Vehicle DUI | |
|---|---|---|
| Blood-Alcohol Content (BAC) Limit | 0.08% | 0.04% |
0.04% BAC for Commercial Vehicle DUI
BAC Limits for CDL Holders vs Non-CDL Drivers
According to the Federal Motor Carrier Safety Administration (FMCSA), CDL holders are held to stricter standards across the board. While most regular drivers face a DUI at 0.08% BAC, for commercial drivers, the limit is 0.04%, and that applies even if you’re off the clock.
First DUI vs Multiple DUI Convictions
A first-time DUI might not permanently ruin your chances of obtaining a CDL, but multiple DUI convictions will.
- First Offense: Usually results in a one-year suspension of your CDL eligibility.
- Second Offense: Usually results in lifetime CDL disqualification under federal law (possible reinstatement after 10 years.)
This is why maintaining a clean record after a first DUI is absolutely essential.
Does a DUI Automatically Disqualify You From a CDL?
No, a DUI does not automatically disqualify you forever. However, you must complete all court-ordered requirements, serve your suspension, and re-qualify under your state’s Department of Motor Vehicles (DMV) or Motor Vehicle Commission (MVC) guidelines. Even after reinstatement, FMCSA Clearinghouse records and employer policies still affect hiring
If you’ve had a DUI and want to pursue a CDL career, feel free to contact us now.
Steps To Get A CDL After A DUI
While the specific paperwork or program names might differ, the overall steps are usually the same across the U.S. We’ll use New Jersey as an example here.
Note: CDL laws can change, so always check your state’s official licensing website (for example, NJ MVC – Commercial Driver License) for the most up-to-date information and requirements.
You must first complete all court-ordered suspensions and pay all fines related to your DUI.
Most states require DUI offenders to complete an approved alcohol education or treatment program before applying for a CDL.
After reinstatement, apply for a CLP. You’ll need to pass a written knowledge test and meet medical certification standards.
You must undergo a DOT physical exam by a certified medical examiner to ensure you meet health and safety standards.
Once eligible, you’ll complete your skills and road tests. Employers may conduct background checks and review your driving record, so transparency about your DUI is vital.
Getting back on the road
Can You Get A CDL After A DUI?
So here comes the big money question, Can you get a CDL after a DUI?
While a DUI can be a serious roadblock, it doesn’t always end your career in commercial driving. The key factor is how long it’s been since the conviction and whether it was a repeat offense.
Can You Get A CDL After A First DUI?
Yes, after serving your disqualification period and fulfilling all legal and reinstatement requirements, you can apply for a CDL again. Most states allow reapplication one year after conviction if your regular license has been restored.
Can You Get A CDL After Multiple DUIs?
Typically, NO.
Federal law mandates a lifetime CDL disqualification after two or more DUI offenses. Some states offer rehabilitation or reinstatement programs after 10 years, but these are rare and often require extensive legal documentation.
Can You Get A CDL After A DUI In A Commercial Vehicle?
A DUI in a commercial vehicle is treated more harshly than one in a personal vehicle. Expect a minimum one-year disqualification, or three years if transporting hazardous materials at the time.
How Long After A DUI Can You Get A CDL?
The waiting period depends on both federal guidelines and your state’s specific laws.
Federal Waiting Period Requirements
Under 49 CFR § 383.51, CDL disqualifications last:
- 1 year for first DUI offense (commercial or non-commercial vehicle)
- 3 years if transporting hazardous materials
- Lifetime for a second DUI
Permanent Disqualificatin Scenarios
You may be permanently barred from holding a CDL if:
- You have two or more DUI convictions.
- You were convicted of a felony involving a commercial vehicle.
- You refused a BAC test during a commercial stop
Note: These Permanent scenarios under federal law can still mean eligible for reinstatement after 10 years, if allowed by the state.
Federal Regulations For CDL Holders With DUIs
Lifetime DisqualificatiOn Rules
Federal law (49 CFR § 383.51) permanently bans CDL drivers with two or more DUIs. This includes both personal and commercial vehicle DUIs.
Federal Regulations Around Hazmat & Background Checks
When it comes to CDL endorsements, some carry extra scrutiny — especially Hazmat (H) endorsements.
For hazardous materials, the Transportation Security Administration (TSA) requires every applicant to pass a Security Threat Assessment (STA), which includes fingerprinting and a federal background check under 49 CFR §1572.103.
A DUI is not specifically listed as a disqualifying offense under federal hazmat regulations. However, if the DUI involved felony charges, use of a commercial vehicle, or hazardous materials, it could still be reviewed as part of the broader security threat assessment.
State-by-State CDL Rules For DUI Convictions
While federal rules create a foundation, state regulations add important details.
NJ Motor Vehicle Commission (MVC):
- First Major Offense: A DUI conviction in any vehicle or a .04% BAC in a CMV results in a 1-year CDL disqualification. (Basic license suspension ranges from 3–12 months).
- Hazardous Materials: Disqualification is increased to 3 years if transporting hazmat at the time of the offense.
- Second Major Offense: Results in a permanent (lifetime) revocation of the CDL and a 2-year suspension of the basic license.
- Federal Alignment: NJ explicitly follows the federal tier system for all major commercial disqualifications.
NY Department of Motor Vehicles (DMV):
- First Major Offense: Driving with a .04% BAC in a CMV or any DUI conviction triggers a loss of CLP/CDL for at least 1 year.
- Hazmat Exception: Increased to a 3-year disqualification if the driver was hauling hazardous materials.
- Lifetime Ban: A second major offense (including refusal to take a chemical test) results in lifetime disqualification.
- Detection Rule: Any detectable amount of alcohol under .04% results in an immediate 24-hour out-of-service order.
CA Department of Motor Vehicles (DMV):
- First Major Offense: The CA Commercial Driver Handbook mandates a 1-year disqualification for a BAC ≥ .04% in a CMV, a DUI in any vehicle, or leaving the scene of an accident.
- Hazmat Exception: The ban is extended to 3 years if the offense occurred in a placardable CMV.
- Second Major Offense: Results in lifetime disqualification.
- Additional Triggers: Certain felonies and chemical test refusals also trigger these same disqualification periods.
TX Department of Public Safety (DPS):
- First Major Offense: Driving under the influence, leaving the scene of an accident, or committing a felony with a vehicle results in at least a 1-year disqualification.
- Hazmat Exception: Increased to 3 years if transporting hazardous materials.
- Subsequent Offenses: A second major offense triggers lifetime disqualification.
- Implied Consent: Texas lists a .04% BAC in a CMV and any test refusal as absolute disqualifying bases.
FL Highway Safety and Motor Vehicles (FLHSMV):
- First Major Offense: A BAL (Blood Alcohol Level) of .08% in a personal vehicle or .04% in a CMV triggers a 1-year CDL disqualification.
- Subsequent Offenses: A second major violation results in lifetime disqualification.
- Administrative Action: Florida uses “Administrative Disqualification,” meaning the CDL can be suspended based on the arrest/test refusal record before the court case is even finalized.
- Permanent Bar: Certain felonies involving a motor vehicle and controlled substances result in a permanent lifetime ban with no possibility of reinstatement.
- Major Offense (DUI/Refusal): Conviction for OVI (Operating a Vehicle Impaired) in any vehicle or a .04% BAC in a CMV results in a 1-year disqualification for a first offense.
- Hazardous Materials: If the violation occurs while hauling hazmat, the disqualification is 3 years.
- Second Offense: A second major offense triggers a lifetime disqualification.
- Immediate Action: Any detectable amount of alcohol results in a 24-hour out-of-service order.
Montana Department of Justice (MVD):
- First Major Offense: Driving any vehicle under the influence or a .04% BAC in a CMV leads to a 1-year CDL suspension.
- Hazmat Exception: Increased to 3 years if transporting placardable hazardous materials.
- Subsequent Offenses: A second major offense results in lifetime disqualification, though Montana law allows for potential reinstatement after 10 years if specific state rehabilitation requirements are met.
- General Rules: .04% BAC in a CMV or DUI in any vehicle triggers a 1-year loss of CDL/CLP (3 years for hazmat).
- Lifetime Ban: A second major offense results in a lifetime disqualification.
- School Bus Special Rule: Refusing a test or a DWI conviction in any vehicle results in a 10-year disqualification specifically from operating a school bus.
- Zero Tolerance: Any detectable alcohol under .04% results in a 24-hour out-of-service period.
Indiana Bureau of Motor Vehicles (BMV):
- First Offense: An OVWI (Operating a Vehicle While Intoxicated) conviction or a .04% BAC in a CMV results in a 1-year disqualification (3 years for hazmat).
- Second Offense: Results in a lifetime disqualification. Indiana allows a petition for reinstatement after 10 years if a state-approved rehabilitation program is completed.
- No Hardship Licenses: Indiana law explicitly prohibits “Specialized Driving Privileges” (hardship licenses) for the CDL portion of a driver’s license.
SCDMV Commercial Driver Manual:
- Standard Disqualification: DUI in any vehicle or .04% BAC in a CMV results in a 1-year suspension (3 years for hazmat).
- Second Offense: A second conviction for DUI or chemical test refusal results in a permanent (lifetime) disqualification.
- Implied Consent: Refusing a breathalyzer test in any vehicle triggers an automatic 1-year CDL suspension, regardless of whether the criminal charge is later dismissed.
- Major Offenses: Conviction for DUII (Driving Under the Influence of Intoxicants) in any vehicle or .04% BAC in a CMV leads to a 1-year disqualification.
- Diversion Prohibition: Unlike standard drivers, CDL holders are ineligible for diversion programs to avoid a DUII conviction on their record.
- Lifetime Rules: Two major offenses result in a lifetime ban. Reinstatement may be considered after 10 years, unless the offense involved a felony related to controlled substances, which carries a lifetime ban with no possibility of reinstatement.
Idaho Transportation Department (ITD):
- First Hit: DUI or a .04% BAC in a CMV results in a 1-year disqualification (3 years for hazmat).
- Second Hit: A second major offense results in lifetime disqualification.
- Reinstatement: Reinstatement after a lifetime ban (after 10 years) requires a clean driving record for the preceding 3 years and completion of specialized defensive driving and professional truck driver courses.
- First Offense: A DUI conviction or .04% BAC in a CMV triggers a 1-year disqualification (3 years if hauling hazmat).
- Aggravated DUI: Certain combinations of DUI convictions can lead to a 3-year revocation of all driving privileges.
- Lifetime Ban: Two major offenses result in a lifetime disqualification.
- Administrative Per Se: Arizona’s “Admin Per Se” law allows the MVD to suspend the CDL immediately upon a failed test or refusal, independent of the court case.
- Major Violations: DUI in any vehicle, .04% BAC in a CMV, or chemical test refusal results in a 1-year disqualification (3 years for hazmat).
- Subsequent Offenses: A second major offense triggers lifetime disqualification.
- Out-of-Service: Delaware defines a “measurable amount of alcohol” as .02% to .04%, which triggers an immediate 24-hour out-of-service order.
Factors That Affect Getting A CDL With A DUI
Several factors influence your CDL eligibility after a DUI:
- Time Since the Conviction – The older the DUI, the better your chances.
- Number of Offenses – Multiple DUIs nearly always result in disqualification.
- Vehicle Type – Commercial vehicle DUIs carry harsher penalties.
- Employer Policies – Some trucking companies have zero-tolerance policies.
- Insurance Factors – High-risk drivers face higher premiums or denials.
Frequently Asked Questions About DUI
Yes, but it depends on the company’s insurance and safety policies. Many companies require at least 5 years since the DUI before hiring.
The DUI itself may remain visible on your motor vehicle record for up to 10 years, but federal CDL disqualifications are permanent.
Possibly, DUI alone doesn’t automatically disqualify hazmat, but you usually must wait up to 7 years and pass a TSA background check.
You can, but your DUI record will transfer with you through the National Driver Register (NDR).
Getting Back on the Road Starts With Driving Academy
Rebuilding your career after a DUI takes determination, but with the right guidance and training, it’s absolutely possible. That’s where Driving Academy comes in.
At Driving Academy, we don’t just teach you how to pass your CDL test; we help you rebuild confidence and create a real path forward in the trucking industry. Our certified instructors, flexible class schedules, and hands-on training give you everything you need to return to the driver’s seat stronger than ever.
Whether you’re earning your first commercial license, or expanding your endorsements, we tailor our programs to fit your goals. With affordable payment plans, evening and weekend classes, and training available seven days a week, it’s easier than ever to move forward, no matter where you’re starting from.
And our support doesn’t stop once you pass your test. We offer lifetime job placement assistance, connecting graduates with reputable carriers that believe in second chances and value safe, responsible drivers.
If you’re ready to get back on the road the right way, with expert training, flexible scheduling, and long-term career support, Driving Academy is here to help you take the next step toward your Road to Freedom.
