Updated May 2025
Driving a Commercial Motor Vehicle (CMV) is a huge responsibility, requiring highly specialized knowledge, experience, skill, and physical ability. As a result, Commercial Driver’s License (CDL) holders are held to a higher standard than those operating a standard vehicle.
Being convicted of certain offenses can trigger a CDL disqualification, which is essentially a suspension of your CDL privileges. Getting two convictions for serious traffic violations within three years will generally trigger a 60-day disqualification. Subsequent violations lead to an extended disqualification period, and in specific scenarios, you might receive a permanent CDL disqualification.
Here, Illinois’ top driving attorney team breaks down the requirements for getting a CDL, the disqualifying offenses that put CDL drivers’ licenses and livelihoods at risk, and what you should do if you’re charged.
Starting the CDL Process
Losing a CDL is fairly easy — especially if you don’t know the right way to handle an offense you’re charged with. But getting a CDL in the first place is a different story.
To obtain a CDL, you must pass a skills and knowledge test and meet certain physical standards.
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) regulates the minimum standards for the trucking industry. These standards form the Federal Motor Carrier Safety Regulations.
FMCSA’s regulations set strict standards for licensing CMV operators. But, each state has its own requirements.
Because each state has its own process for obtaining a CDL, you should read a copy of your state’s CDL manual. You also need to decide which type of vehicle and the kind of driving you want to do.
There are three classes of CDLs: Class A, Class B, and Class C). Each class determines what vehicle you can drive based on its gross vehicle weight rating (GVWR) and other requirements.
You’ll need to first get your Commercial Learner’s Permit (CLP). You’ll need this for at least 14 days before you can take your state’s written exam and driving skills test. Some states also require successful completion of CDL training before testing.
You must be at least 18 to get a CLP or CDL, which is only good for driving intrastate (within your state of residence and issuance). You must be at least 21 to drive interstate (between two or more states) or transport passengers. In other words, you can receive your CDL at 18, but you cannot travel across state lines until you’re 21.
On top of federal and state requirements, employers have certain criteria for hiring CDL drivers. Your criminal history or driving record might not disqualify you from holding a CDL, but you might struggle to get hired by trucking companies.
The Commercial Driver’s License Information System and CDL Disqualification
As outlined in the Code of Federal Regulations (CFR), a person may not have a CDL from more than one state or jurisdiction. To enforce this, the Commercial Driver’s License Information System (CDLIS) was created. The CDLIS is an interactive information system that allows licensing authorities to communicate with each other. CDL applicants must provide the names of all states where they have been licensed so the licensing state can screen for convictions in any other state.
Depending on the nature and severity of a traffic or criminal conviction, a person with a CDL may be disqualified and, therefore, barred from operating a CMV. FMCSA regulations define a disqualification as:
(1) the suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance;
(2) any withdrawal of a person’s privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or (3) a determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter. |
State licensing agencies must disqualify a commercial driver for these reasons, but they can impose CDL disqualifications for other reasons.
What Are CDL Disqualifying Offenses?
CDL holders are subject to the same sanctions as non-CDL holders, but they’re ultimately held to a higher standard. Certain conduct or convictions that would not affect a non-CDL holder’s license can lead to a disqualification for a commercial driver.
In most cases, when a CDL holder’s license is suspended, it will not impact their regular driving privileges. But the reverse isn’t necessarily true. A suspension of underlying driving privileges can also affect a CDL, even if the offense that triggered the suspension was unrelated to your CDL. And, while a driver’s non-CDL privileges may be reinstated, the CDL disqualification may remain in place.
But what are these offenses, and how long does a CDL disqualification last?
CDL Disqualification Periods
Getting two serious traffic violation convictions within three years will trigger a 60-day disqualification. If you’re convicted of a third serious violation in the same period, a 120-day disqualification is imposed. The three-year period is measured from each date of the citation, not the conviction.
Defining a Serious Traffic Violation
The full list of CDL disqualifying offenses is outlined in §383.518 of the Code of Federal Regulations. They include:
- Speeding excessively
- Driving recklessly
- Making improper or erratic traffic lane changes
- Following the vehicle ahead too closely.
Defining a Major Traffic Violation
Major disqualifying offenses carry much harsher penalties for CDL holders. If you are convicted of a major disqualifying offense, your CDL will be suspended for one year. Unlike serious traffic violations, a conviction of a major violation imposes a disqualification for a first-time offense, whether you were in your CMV or not. In other words, if you’re charged with one of these offenses while driving your personal car and you’re convicted for it, you’ll lose your CDL.
If you get a second conviction for a major disqualifying offense, the Secretary of State will impose a lifetime CDL disqualification.
Major traffic violations include:
- DUI
- Leaving the scene of an accident
- Committing a felony while operating a CMV
- Operating any vehicle with a Blood Alcohol Content (BAC) of .08 or higher
- Operating a CMV with a BAC of .04 or higher
- Refusing to take a breath test
- Driving a CMV while your license is revoked, suspended, disqualified, or canceled due to prior violations committed while operating a CMV.
Violating Out-of-Service Orders
The FMCSA imposes several out-of-service orders to maintain safety on the roads. An out-of-service order may apply to a vehicle, such as to ensure that necessary repairs are taken out or to drivers. A common example of a driver out-of-service order violation is when CMV drivers exceed the time they can legally drive without a break.
A first offense for violating an out-of-service order results in a 180-day disqualification. However, a one-year disqualification applies if you were operating a vehicle designed to transport hazardous materials or 16 or more passengers at the time of the offense.
Will Court Supervision Prevent a CDL Disqualification?
For non-CDL holders, court supervision is often a preferable outcome for a serious offense, such as DUI. After completing the period of supervision, the conviction will not be entered on the driver’s record.
However — and this is critical — a sentence of court supervision does not prevent a conviction for CDL holders.
Instead, it can actually put your CDL in jeopardy.
That’s why it’s crucial to explore your options with a CDL disqualification attorney. We can help you determine the best course of action for your specific case and minimize the impact of a CDL offense on your career.
Discuss Your CDL Disqualification with Driver Defense Team’s Trusted Traffic Attorneys
If you’re charged with a traffic offense and hold a CDL — even if you were in your own car when you were given a citation — it’s crucial to understand your options and the potential penalties you face.
Driver Defense Team is the firm for Illinois drivers, and we will fight to get the best outcome for you. Call or text (708) 734-6029 to book a free consultation.
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