DUI with a CDL?
Your livelihood is on the line.
For commercial drivers, a DUI isn’t a fine and an inconvenience. It’s a mandatory one-year CDL disqualification — for a DUI in your own pickup on a Saturday night — and a lifetime disqualification for a second. The rules are federal, unforgiving, and mostly unknown to lawyers who don’t handle these cases.
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The numbers that matter for CDL holders
| Situation | Consequence |
|---|---|
| BAC of .04 or higher in a commercial vehicle | DUI under the commercial standard |
| Any DUI conviction, any vehicle (including personal) | 1-year CDL disqualification (first offense) |
| DUI while hauling hazardous materials | 3-year CDL disqualification |
| Second DUI conviction, lifetime | Lifetime CDL disqualification |
| Refusing a chemical test | Treated the same as a DUI conviction for CDL purposes |
These come from federal regulations that North Dakota enforces. A CDL disqualification runs on top of — not instead of — the regular criminal penalties and personal license suspension.
No work permit for a CDL
The temporary restricted permit that lets many first-offenders drive to work does not apply to commercial driving. During a CDL disqualification you cannot drive commercially, period. For most drivers that means a year without their job.
Why “just plead it out” is the wrong advice for a CDL holder
For a non-commercial driver, a fast guilty plea on a first offense sometimes makes economic sense. For a CDL holder it almost never does, because the plea itself triggers the disqualification. The value of a strong defense — a suppressed stop, an excluded test result, a reduction to a non-DUI offense — is measured in a year of income.
Notably, a reduction to reckless driving generally avoids the CDL disqualification, which makes it a far more valuable outcome for a commercial driver than for anyone else. That’s the outcome we drive toward when a dismissal isn’t available.
Act inside the 10 days
The DOT hearing deadline applies to CDL holders like everyone else, and winning the administrative case can matter for the CDL as well. Call before the deadline.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
I was off duty in my own car. Does this really affect my CDL?
Yes. A DUI conviction in any vehicle disqualifies your CDL for a year on a first offense. That’s the federal rule, and North Dakota applies it.
Does my employer have to find out?
You are generally required to notify your employer of a conviction for a traffic violation other than parking within 30 days, and the disqualification will appear on your driving record. A defense that avoids the conviction avoids this entirely.
Can I get a hardship CDL?
No. There is no restricted or hardship CDL during a disqualification.
Charged with DUI in North Dakota? Call now.
701-365-8088Free consultation · 24 hours a day, 7 days a week
West Fargo | Bismarck
Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.