CDL Disqualification After DWI

If you’re a commercial driver in Beaufort, North Carolina, facing a DWI charge, your livelihood is at risk. If you’re convicted of DWI, even if it’s your first time, you’re facing at least a one-year suspension of your commercial driver’s license (CDL).  

For you, CDL disqualification after a DWI charge isn’t just an inconvenience. It can be a career-ending event. 

At Tetterton Law Firm, PLLC, we understand your fear and uncertainty. We’re committed to providing our clients with a rigorous defense aimed at protecting their liberty and livelihood. 

When you work with us, you won’t be passed off to a paralegal or assistant. You’ll work directly with a seasoned attorney who knows how to defend against these charges.

How and When CDL Disqualification Occurs

Under North Carolina law, CDL disqualification can result from several offenses, including:

• Driving any vehicle with a blood alcohol concentration (BAC) of 0.08%;
• Driving a commercial motor vehicle with a BAC of 0.04%;
• Refusing to submit to a chemical test (e.g., breathalyzer) when charged with an implied consent offense; or
• Committing a hit-and-run.

As a CDL holder, your actions, even on your personal time,  impact your eligibility to drive a commercial vehicle. You can have your CDL suspended because of a DWI conviction while you were driving a non-commercial vehicle. You can even have your CDL suspended because of an offense that didn’t happen in North Carolina.

Duration of Suspension for First and Second Offenses

The length of your CDL disqualification after a DWI conviction depends on a few factors. The main factor is how many offenses you’ve committed.

Duration for First Offense

If you’re convicted of DWI in a commercial or non-commercial vehicle, you’re disqualified from driving a commercial vehicle for one year. The same one-year disqualification period applies if you refuse to submit to a chemical test in an implied consent offense or are convicted of a hit and run.

Duration for Second Offense

If you’re convicted of a second DWI charge, refusal to submit a chemical test, or hit-and-run, you face a lifetime disqualification. In these situations, you may be able to get your CDL reinstated after 10 years, but only if you meet certain conditions.

Lifetime Disqualification Without Possibility of Reinstatement

There are several situations that can lead to a lifetime CDL disqualification without the possibility of reinstatement. These include:

• A third or subsequent “impaired driving in a commercial vehicle” conviction,
• A fourth or subsequent “operating a commercial vehicle after consuming alcohol” conviction, and
• A third refusal to submit to a chemical test in an implied consent offense while driving a commercial vehicle.

You also face a lifetime CDL ban with no reinstatement if you’re convicted of using a commercial vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance.

How to Get CDL Back After Suspension

North Carolina law outlines the process of how to get your CDL back after suspension. The state law reflects the federal regulations on this topic.

To get your CDL back after suspension, you must get a substance abuse assessment done by an organization authorized by the North Carolina Department of Health and Human Services. Then, depending on the assessment results, you must complete either an educational program or a substance abuse treatment program authorized by the North Carolina Department of Health and Human Services. You must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 to resume your commercial vehicle driving duties. 

Upon completing the assessment, treatment, and drug or alcohol test, you will receive a “certificate of completion.” You then send that certificate to the North Carolina Department of Motor Vehicles (DMV) to apply for reinstatement of your CDL.

Frequently Asked Questions

How Do I Get My CDL Back After a DUI Conviction?

To get your CDL back after a DUI conviction, you must complete any court-ordered sentencing, plus the substance abuse protocols created by North Carolina and the federal government. 

How Long Will My CDL Be Disqualified After a DWI Conviction?

At a minimum, your CDL will be suspended for one year for a first-time offense. However, aggravating circumstances or additional violations can lead to longer or even lifetime disqualification.

Will a First-Time DWI Conviction Automatically Disqualify My CDL?

Yes. Even if it occurs in your personal vehicle, a DWI conviction triggers an automatic one-year CDL disqualification.

Can I Get a Hardship License to Drive Commercially After a DWI Conviction?

No. North Carolina does not offer a hardship or restricted CDL. Once disqualified, you can’t drive a commercial vehicle until full reinstatement is granted.

Is There Such a Thing as CDL Lifetime Disqualification Reinstatement?

In limited circumstances, yes, there is an opportunity for CDL lifetime disqualification reinstatement. The law explicitly does not allow reinstatement if you’ve been convicted of multiple DWI charges, controlled substance trafficking from your commercial vehicle, and some other offenses. If your lifetime disqualification wasn’t because of these offenses, you may be able to petition for reinstatement after 10 years. 

Contact Us Today

If you’re a commercial driver in Beaufort, NC, facing a DWI charge, don’t navigate this alone. At Tetterton Law Firm, we only practice in Carteret County. That means we can provide your case the full attention it deserves. Our goal is to protect your future.

Contact us today for a confidential consultation. Let us help you fight for your license and your livelihood.

References:

Restoration of a license. N.C. Gen. Stat. § 20-17.6 link
How does the return-to-duty process conclude. 49 CFR § 40.305 link