Understanding the Rules, Exceptions, and State-by-State Variations
Obtaining a Commercial Driver’s License (CDL) is a critical step toward a career in the trucking and transportation industry. However, for individuals with a history of driving under the influence (DUI), the path to a CDL can be complicated.
The question often arises: Can you still get a CDL if you have a DUI on your record?
The answer depends heavily on the severity, timing, and number of DUI convictions, as well as individual state laws and Federal Motor Carrier Safety Administration (FMCSA) regulations.
In this article, we’ll break down when it’s possible — and when it’s not — to get a CDL after a DUI, examine state-specific variations, and help you understand what steps you must take to get back on the road.
How a DUI Impacts CDL Eligibility
The FMCSA oversees CDL eligibility and requires all states to adhere to minimum disqualification standards when it comes to alcohol- and drug-related offenses.
A DUI conviction, whether it occurs while driving a personal vehicle or a commercial vehicle, can lead to temporary or permanent disqualification from holding a CDL.
Here’s what you need to know:
| Offense | Disqualification Period |
| First DUI (Personal or CMV) | 1-year disqualification (3 years if transporting hazardous materials) |
| Second DUI | Lifetime CDL disqualification (may allow appeal after 10 years in some states) |
| DUI while operating a CMV with BAC ≥ 0.04% | Same penalties as above; CMV DUI thresholds are stricter. |
| Refusing a Breathalyzer Test | Treated the same as a DUI conviction in most states. |
A single DUI does not automatically bar you from ever getting or holding a CDL. However, multiple DUI offenses dramatically reduce your chances, often leading to a lifetime ban with very few options for reinstatement.
Can You Get a CDL After an Old DUI?
Yes — but it depends on the state and timing.
- Recent DUIs (within 1-5 years): Most states impose a mandatory waiting period before allowing someone to apply for a CDL. During this time, drivers may need to complete alcohol education classes, counseling, or a rehabilitation program.
- Older DUIs (over 5 years): If you have demonstrated a clean driving record since the incident, many states will allow you to apply for a CDL, though some employers and insurers may still view your record with caution.
Even if your DUI is older, some states like California and Texas still require you to disclose past DUIs during your application process, and employers often perform background checks that go back 10 years or more.
Reinstating Your CDL After a DUI: The Process
If your CDL was suspended or revoked due to a DUI, here are the general steps to reinstatement:
- Serve all legal penalties: This includes court-ordered fines, jail time, probation, and completion of alcohol education programs.
- Satisfy your state’s reinstatement requirements: Some states require drivers to complete additional driver safety courses or retake the CDL knowledge and skills tests.
- Maintain a clean driving record: Demonstrating years of violation-free driving helps prove you’re a safe driver.
- Pay reinstatement fees: Fees can range from $100 to over $500 depending on the state.
- Apply for reinstatement through your state’s DMV or licensing agency.
In many cases, proof of financial responsibility (such as obtaining an SR-22 insurance certificate) is also required before your CDL can be reinstated.
Special State-by-State Considerations
While FMCSA rules apply nationwide, individual states may impose stricter conditions for CDL applicants with DUI records.
Here are a few notable examples:
- California:
A second DUI conviction results in a lifetime CDL disqualification — no exceptions or reinstatement options.
A first DUI requires a 1-year suspension, plus completing a DUI program and retesting for CDL privileges. - Texas:
A second DUI triggers a lifetime ban, but drivers may apply for reinstatement after 10 years if they have no additional offenses. - Florida:
Similar to Texas, Florida allows for reinstatement after 10 years following a lifetime disqualification but only if the driver has no subsequent convictions for drug- or alcohol-related offenses. - Illinois:
Illinois is one of the toughest states: a second DUI offense, even in a non-commercial vehicle, results in a permanent lifetime disqualification with no possibility of reinstatement. - New York:
In New York, if you have two serious alcohol-related driving offenses, you are permanently barred from ever holding a CDL again.
Because of these variations, it’s critical to consult your specific state’s Department of Motor Vehicles (DMV) or Department of Transportation (DOT) website or talk to a CDL attorney familiar with your state’s reinstatement policies.
Is a Second Chance Possible?
Although a DUI conviction can pose significant challenges, it is still possible for many individuals to earn or reclaim a CDL license.
The path demands time, effort, personal responsibility, and a commitment to safe, sober driving.
Some key tips for those seeking a second chance include:
- Document your rehabilitation efforts (completing alcohol education, counseling, etc.)
- Maintain an impeccable driving record going forward.
- Apply for jobs with companies that offer “second chance” employment opportunities — some carriers specialize in hiring drivers with less-than-perfect backgrounds.
Ultimately, your future in the trucking industry after a DUI depends on how seriously you treat the opportunity to rebuild trust — both with state regulators and potential employers.
Learn more about getting your CDL at CNS Driver Training Center. If you have questions, give us a call at 717-496-9145 or email us at support@cnstrains.com.
