CDL – Commercial Drivers License

How will a DWI/DUI affect my Commercial Driver’s License or “CDL”?

Unfortunately, if you are convicted of a DWI/DUI in Minnesota (or in any state for that matter) Federal Regulation 383.51 will be triggered. In a nutshell, a DWI/DUI conviction will result in a one (1) year ban on your CDL. A second conviction will result in a lifetime ban on obtaining a commercial drivers license, this is true even if you are in a vehicle such as your private car, SUV, boat or motorcycle.

In 2008, the law became much stricter. Now, even if you are found not guilty of the DWI charge or it is reduced to a careless driving, and you lost your driver’s license, via Implied Consent, you will face the same loss of your CDL as if you had been convicted. This is why you need to consult with a Minnesota DWI/DUI attorney as soon as possible to file the Implied Consent Petition to attempt to keep this from going on your record.

Can I get a work permit for my CDL?

No. There is no exception for a person to get a work permit with a Commercial Driver’s License (or Class A license) in Minnesota.

What if I recently got my 2nd DWI, but my first one was back in 1995?

Fortunately, if the DWI was prior to 1999, it will not count as a prior DWI for CDL purposes.

Will I be fired or terminated from my job if I get a DWI?

That depends. As a trucker, or an over-the-road trucker (OTR), you need a CDL to work. Because having a Commercial Driver’s License is required, then yes you can be terminated. More importantly though, many trucking companies are firing people with a DWI because having one driver with a DWI conviction can affect the whole fleet of commercial vehicle insurance premiums. So even though your boss says you will keep your job, this might be a problem later on once the insurance premiums come in.

What if I am from another state and I get a DWI/DUI in Minnesota? Will that still affect my CDL?

Yes, as is required under Federal Regulation 383.51, you must report your conviction. Failure to report the conviction can be reason to have your CDL suspended. You are also also required to face the penalty  associated with losing your CDL for a year.

 

Rosengren, Kohlmeyer & Hagen Law Office Chtd. | 507-625-5000 | rokolaw.com