Driving a Commercial Motor Vehicle (CMV) requires a higher level of knowledge, experience, skills, and physical abilities than that required to drive a non-commercial vehicle. In order to obtain a Commercial Driver's License (CDL), an applicant must pass both skills and knowledge testing geared to these higher standards. Additionally CDL holders are held to a higher standard when operating any type of motor vehicle on public roads. Serious traffic violations committed by a CDL holder can affect their ability to maintain their CDL certification.
The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 49 CFR Part 40, or Part 40 as it is called, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation. For example, whether you are an airline employee covered by FAA rules or a trucking company driver covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry.
Since the early 1990s, the Federal Motor Carrier Safety Administration (FMCSA) and its predecessor agency has defined drug and alcohol testing rules and regulations for employees who drive commercial trucks and buses that require a commercial driver's license (CDL). These regulations identify who is subject to testing, when they are tested and in what situations. The FMCSA controlled substances and alcohol use and testing regulations can be found at 49 CFR Part 382.
SUSPENSIONS OF CDL LICENSE FOR DRIVING WHILE INTOXICATED IN NON COMMERCIAL VEHICLE
Your Commercial Driver License (CDL) is at risk if you are convicted of any violations – even those involving non-commercial motor vehicles.
Initial DUI conviction in a passenger vehicle will result in a three to 12-month basic driver license suspension and a one-year CDL suspension
Second DUI conviction in a passenger vehicle will result in a two-year basic driver license suspension and a permanently revoked CDL
CDL LICENSE SUSPENSIONS FOR OTHER OFFENSES
Your CDL License can be suspended for other violations such as leaving the scene of an accident whether in a Commercial Vehicle (CMV) or other vehicle which will result in a one year suspension. Causing a fatality through negligent operation of a CMV will also result in a one year suspension for a first offense. A suspension for life can occur also if an operator is convicted of a felony of using a vehicle involving manufacturing or distributing a controlled substance. Click here for a complete list of CDL Suspensions.
In some cases even if you have been suspended for life a reinsatment can be obtained after a ten year waiting period and completion of a rehabilitation program. See FMCS Regualtion § 383.51 (6).
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