Disqualifying Offenses (Part 383.51)

No employer shall knowingly allow, require, permit, or authorize a disqualified driver to drive a CMV. Disqualifying offenses include:

  • Driving a CMV while under the influence of alcohol.
  • Driving a CMV while under the influence of a disqualifying drug or other controlled substance.
  • Leaving the scene of an accident that involves a CMV.
  • Using a CMV to commit a felony.
  • Two serious traffic violations occurring within a three-year period.
  • Violations of law that regulates the operation of a motor vehicle at a railroad grade crossing
  • Driving a CMV while the person's alcohol concentration was 0.04% or more.
  • Refusing to submit to a test to determine the person's alcohol concentration or the presence in the person's body of a controlled substance.
  • Causing the death of another person through the negligent or criminal operation of a CMV.
  • Driving a CMV while the person's CDL is revoked, suspended, canceled or disqualified, for an action or conduct that occurred while operating a CMV.
Graphical Representation of Part 383.51
If a driver operates a motor vehicle and is convicted of: For a first conviction or refusal to be tested while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for For a first conviction or refusal to be tested while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F), a person required to have a CDL and CDL holder must be disqualified from operating a CMV for For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for
(1) Being under the influence of alcohol as prescribed by State law. 1 Year 1 Year 3 Years Life Life
(2) Being under the influence of a controlled substance. 1 Year 1 Year 3 Years Life Life
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV. 1 Year Not Applicable 3 Years Life Not Applicable
(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in 383.72 of this part. 1 Year 1 Year 3 Years Life Life
(5) Leaving the scene of an accident. 1 Year 1 Year 3 Years Life Life
(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table. 1 Year 1 Year 3 Years Life Life
(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. 1 Year Not Applicable 3 Years Life Not Applicable
(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. 1 Year Not Applicable 3 Years Life Not Applicable
(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement
 
Interim Disqualifying Offenses

These crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military. A driver will be disqualified from holding a hazardous materials endorsement if he or she was convicted* or found not guilty by reason of insanity within the last seven years or was released from prison within the last five years for any of the following crimes:

Permanently Disqualifying Criminal Offenses

A driver will be permanently disqualified from holding a hazardous materials endorsement on a CDL if he or she was ever convicted or found not guilty by reason of insanity of any of the following crimes: