CDL Disqualification: Major and Serious Offenses

A CDL holder is disqualified from driving a commercial motor vehicle for 1 year after a first major offense, such as driving under the influence, refusing an alcohol test or leaving the scene of an accident. The period is 3 years when hauling hazmat, and life after a second (49 CFR 383.51). Serious traffic violations, such as excessive speeding, bring 60 days on a second conviction in 3 years and 120 days on a third.

Facts checked October 17, 2026

Key Points

A disqualified driver must not drive a CMV, and an employer must not knowingly allow, require, permit or authorize it (49 CFR 383.51(a)(1) and (2))
A conviction counts if it is an adjudication of guilt, a guilty or no contest plea, an unvacated bail forfeiture, or payment of a fine or court cost, even if the penalty is suspended or probated (49 CFR 383.5)
Major offenses bring 1 year for a first conviction, 3 years if hauling hazmat as defined in 49 CFR 383.5, and life for a second (49 CFR 383.51(b))
Serious traffic violations bring no disqualification for a first conviction, 60 days for a second within 3 years, and 120 days for a third (49 CFR 383.51(c))
Railroad crossing offenses bring at least 60 days, at least 120 days and at least 1 year. Violating an out-of-service order brings 180 days to 1 year for a first offense (49 CFR 383.51(d) and (e))
Each conviction from a separate incident counts, whether in a CMV or in a car or pickup, and each disqualification period is added to earlier ones (49 CFR 383.51(a)(4) and (5))
Since July 22, 2026, a CDL holder no longer has to report convictions to the home State under federal rules. A driver must still tell the employer in writing within 30 days (49 CFR 383.31)

How long a CDL holder is disqualified from driving a CMV (49 CFR 383.51, Tables 1 to 4)

	Offense	First conviction	Second conviction
Major offenses: driving under the influence of alcohol or a controlled substance, alcohol concentration of 0.04 or more in a CMV, refusing an alcohol test, leaving the scene of an accident, using the vehicle in a felony, driving a CMV while disqualified or while the CDL is revoked, suspended or canceled, and causing a death by negligent driving of a CMV	1 year, or 3 years if hauling hazmat	Life	Life
Using a vehicle in a felony involving making, selling or handing out a controlled substance	Life, not eligible for 10-year reinstatement	Life, not eligible for 10-year reinstatement	Life, not eligible for 10-year reinstatement
Using a CMV in a felony involving severe forms of human trafficking	Life, not eligible for 10-year reinstatement	Life, not eligible for 10-year reinstatement	Life, not eligible for 10-year reinstatement
Serious traffic violations (speeding 15 mph or more over the limit, reckless driving, improper or erratic lane changes, following too closely, a traffic violation in a fatal crash, no CDL, no CDL in possession, wrong class or endorsement, texting, hand-held phone)	No disqualification	60 days, if within 3 years	120 days, if within 3 years
Railroad crossing offenses	At least 60 days	At least 120 days, if within 3 years	At least 1 year, if within 3 years
Violating an out-of-service order, not hauling hazmat	180 days to 1 year	2 to 5 years, if within 10 years	3 to 5 years, if within 10 years
Violating an out-of-service order while hauling hazmat or driving a vehicle built for 16 or more people	180 days to 2 years	3 to 5 years, if within 10 years	3 to 5 years, if within 10 years

What does CDL disqualification mean?

Disqualification includes the suspension, revocation or cancellation of a CLP or CDL by the State that issued it (49 CFR 383.5). A person who is required to have a CLP or CDL and is disqualified must not drive a CMV (49 CFR 383.51(a)(1)). It is not the same as losing your regular driver's license. The federal rule counts convictions. It has no point system. Your State may also run its own points, so check your State's rules.

What are the major offenses and how long is the disqualification?

The table lists them (49 CFR 383.51(b)). For a first conviction, or a refusal to be tested, the period is 1 year. It is 3 years if the driver was hauling hazmat as defined in 49 CFR 383.5. A second conviction of any mix of these offenses in a separate incident brings a lifetime disqualification. Some offenses count in a car or pickup as well as a CMV. They are driving under the influence of alcohol or drugs, refusing an alcohol test, leaving the scene of an accident, and using the vehicle in a felony. For a conviction in a non-CMV, the first-offense period is 1 year, and a second brings life. A 0.04 alcohol level, driving a CMV while disqualified and causing a death by negligent driving apply to a CMV only.

What are the serious traffic violations?

There are ten (49 CFR 383.51(c)). Four are driving acts. They are speeding 15 mph or more over the limit, reckless driving, improper or erratic lane changes, and following too closely. One is a traffic control violation in a fatal accident. Three are license problems. They are driving a CMV without a CLP or CDL, without the CDL in your possession, or without the right class or endorsements. Two are phone use. They are texting while driving a CMV, and using a hand-held phone while driving a CMV. A first conviction does not disqualify you. A second conviction of any mix in a separate incident within 3 years brings 60 days. A third brings 120 days. A driver who proves to the court by the due date that they held a valid CDL on the day of the ticket is not guilty of the no-CDL-in-possession offense. A violation in a car or pickup counts only if the conviction leads to the loss of your license or driving privileges.

What do railroad crossing and out-of-service offenses cost?

Railroad crossing offenses are in 49 CFR 383.51(d). The periods are no less than 60 days for a first conviction, no less than 120 days for a second within 3 years, and no less than 1 year for a third. The offenses include failing to stop, failing to slow down and check, and not having room to clear the tracks. They also include not obeying a signal or an officer, and not clearing the crossing because of low undercarriage clearance. Violating an out-of-service order is in 49 CFR 383.51(e). The first conviction is 180 days to 1 year, or up to 2 years when hauling hazmat or driving a vehicle for 16 or more people. A second conviction within 10 years brings 2 to 5 years, and 3 to 5 years with hazmat or 16 or more people. A third brings 3 to 5 years.

How are convictions counted?

Each conviction for an offense in Tables 1 through 4, resulting from a separate incident, is counted, whether it happened in a CMV or a non-CMV (49 CFR 383.51(a)(4)). A disqualification period is added to any earlier one (49 CFR 383.51(a)(5)). The look-back is 3 years for serious violations and railroad crossing offenses, and 10 years for out-of-service orders. Major offenses count in any order and at any time. A State may not mask a conviction, defer judgment or allow a diversion program that keeps a traffic conviction off the CDL record. That does not cover parking, vehicle weight or vehicle defect tickets (49 CFR 384.226).

Can you get a CDL back after a lifetime disqualification?

Sometimes. A State may reinstate a driver disqualified for life for the major offenses in paragraphs (b)(1) through (8) after 10 years, if the person has voluntarily entered and finished an approved rehabilitation program (49 CFR 383.51(a)(6)). If that person is convicted of one of those offenses again, they must not be reinstated. A lifetime disqualification for a drug manufacturing or distribution felony, or for human trafficking, is not eligible for the 10-year reinstatement. It is up to each State whether to offer reinstatement at all.

What must a driver and an employer do after a conviction?

A driver who holds a CDL and is convicted of a traffic control violation, other than parking, in any type of vehicle must tell the current employer in writing within 30 days of the conviction (49 CFR 383.31). The notice needs the driver's name, license number, the date, the offense, whether it was in a CMV, the location and a signature. A driver who loses the right to drive a CMV must tell the employer by the end of the next business day after getting notice (49 CFR 383.33). The old federal duty to also report a conviction to the home State was removed in a final rule that took effect July 22, 2026. FMCSA says nothing in that rule excuses a driver from a State requirement, so check your State. An employer may not use a driver during a disqualification (49 CFR 383.37(b)).

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Frequently Asked Questions

What disqualifies a CDL driver?+

A major offense, such as driving under the influence, refusing an alcohol test or leaving the scene of an accident. Repeat serious traffic violations, such as excessive speeding or reckless driving, also disqualify. So do railroad crossing offenses and violating an out-of-service order (49 CFR 383.51).

How long is a CDL disqualification for a DUI?+

1 year for a first conviction, whether the driver was in a CMV or a car. It is 3 years if the driver was hauling hazmat as defined in 49 CFR 383.5. A second conviction brings a lifetime disqualification (49 CFR 383.51(b)).

What is a serious traffic violation for a CDL holder?+

Speeding 15 mph or more over the limit, reckless driving, improper or erratic lane changes, following too closely, a traffic violation in a fatal crash, driving a CMV without a CDL, without the CDL on you, or without the right class or endorsement, texting, and hand-held phone use in a CMV (49 CFR 383.51(c)).

Does a speeding ticket affect my CDL?+

A ticket for 15 mph or more over the limit is a serious traffic violation. A first conviction does not disqualify you under federal rules. A second within 3 years brings 60 days. A conviction in your own car counts toward that only if it leads to a revoked, canceled or suspended license or driving privileges (49 CFR 383.51(c)).

How many points does it take to lose a CDL?+

The federal rule has no point system. It counts convictions. Your State may have its own points that can suspend your license, so check your State's rules.

Does a warning ticket affect my CDL?+

A conviction is what counts. The federal definition lists an adjudication of guilt, a guilty or no contest plea, a forfeited bail, paying a fine or court cost, and a violation of a release condition (49 CFR 383.5). A warning is none of those.

Is a CDL disqualification the same as a suspension?+

A disqualification includes the suspension, revocation or cancellation of a CLP or CDL (49 CFR 383.5). A disqualified driver must not drive a CMV, and an employer must not allow it (49 CFR 383.51(a)).

Can I get my CDL back after a lifetime disqualification?+

A State may reinstate a driver disqualified for life for the offenses in 49 CFR 383.51(b)(1) through (8) after 10 years, if the driver voluntarily finished an approved rehabilitation program. The offenses in (b)(9) and (b)(10) are not eligible. A second offense after reinstatement ends any chance of reinstatement.

Do I still have to report a traffic ticket to my state?+

Federal rules no longer require CDL holders to self-report convictions to the home State, since July 22, 2026. FMCSA says to follow your State's rule if it still asks. You must still tell your employer in writing within 30 days of a conviction (49 CFR 383.31).

More federal trucking rules

Related terms and pages

Sources

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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.