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CDLP editorial · 9 min read
Published · Updated

Can a DUI or felony disqualify a CDL?

49 CFR 383.51, opened October 29, 2026, sets disqualification periods for listed convictions. A first alcohol or drug offense, or using a vehicle to commit a felony, is one year, or three years in a hazmat commercial vehicle, and life for a second offense from that table. A felony involving manufacturing or distributing a controlled substance is life and is not eligible for the 10-year reinstatement. The section does not assign a period to every felony. The state still decides whether to issue a license.

A tractor-trailer and a straight box truck parked in a training yard

What 49 CFR 383.51 covers

Opened October 29, 2026. A person who must have a commercial learner’s permit or CDL and who is disqualified must not drive a commercial motor vehicle. An employer must not knowingly allow, require, permit, or authorize that person to drive one. The holder is subject to the sanctions in the section’s tables if the holder drives a commercial or a non-commercial vehicle and is convicted of a listed violation.

For a first or later violation, each conviction from a separate incident counts, whether the vehicle was a commercial vehicle or not. A new disqualification period is added to any earlier period. A foreign commercial driver is subject to the same subpart. This page repeats the federal periods. It does not say what a state court or a state licensing agency will do in a particular case, and it is not legal advice.

DUI, drugs, and using a vehicle to commit a felony

Table 1 sets the major-offense periods. “Life” means a lifetime disqualification from operating a commercial vehicle. The 0.04 alcohol-concentration row applies only while operating a commercial vehicle. The human-trafficking row applies only when a commercial vehicle is used.

Table 1 to 49 CFR 383.51. Periods are disqualification from operating a commercial vehicle.
ConvictionFirst, commercial vehicleFirst, non-commercial vehicleFirst, hazmat commercial vehicleSecond, separate incident
Under the influence of alcohol as prescribed by state law1 year1 year3 yearsLife
Under the influence of a controlled substance1 year1 year3 yearsLife
Alcohol concentration of 0.04 or greater while operating a commercial vehicle1 yearNot applicable3 yearsLife if the second offense is in a commercial vehicle. Not applicable for a non-commercial vehicle.
Refusing an alcohol test required under a state’s implied-consent law1 year1 year3 yearsLife
Leaving the scene of an accident1 year1 year3 yearsLife
Using the vehicle to commit a felony, other than the drug or trafficking felonies below1 year1 year3 yearsLife
Driving a commercial vehicle while the permit or CDL is revoked, suspended, or canceled, or while disqualified, because of prior commercial-vehicle violations1 yearNot applicable3 yearsLife if the second offense is in a commercial vehicle. Not applicable for a non-commercial vehicle.
Causing a fatality through negligent operation of a commercial vehicle1 yearNot applicable3 yearsLife if the second offense is in a commercial vehicle. Not applicable for a non-commercial vehicle.
Using the vehicle in a felony involving manufacturing, distributing, or dispensing a controlled substanceLife. 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.
Using a commercial vehicle in a felony involving a severe form of human trafficking, as defined in 22 U.S.C. 7102(11)Life. Not eligible for 10-year reinstatement.Not applicableLife. Not eligible for 10-year reinstatement.Life if it is again in a commercial vehicle. Not applicable for a non-commercial vehicle.

A second offense in the table is a second conviction or refusal in a separate incident of any combination of the Table 1 offenses, not only a repeat of the same line. A state may reinstate a driver disqualified for life for paragraphs (b)(1) through (8) after 10 years if that person voluntarily entered and successfully completed an appropriate rehabilitation program the state approved. Anyone reinstated that way who is later convicted of one of those offenses must not be reinstated. Paragraphs (b)(9) and (b)(10), the controlled-substance felony and the trafficking felony, are not eligible for that 10-year reinstatement.

The section does not print a disqualification period for every crime called a felony. It names using a vehicle to commit a felony, the controlled-substance felony, and the trafficking felony. A different felony is not assigned a period here. Ask the state licensing agency whether that record blocks an application. The eligibility check does not decide a criminal record.

Serious traffic violations, railroad crossings, and out-of-service orders

Table 2 is a different clock. A second conviction of any combination of its offenses, in a separate incident within three years, while operating a commercial vehicle, is 60 days. A third or later conviction within three years is 120 days. If the offense was in a non-commercial vehicle, the same 60- or 120-day period applies only when the conviction revokes, cancels, or suspends the holder’s license or non-commercial driving privileges. The listed offenses are excessive speeding of 15 mph or more above the limit, reckless driving, improper or erratic lane changes, following too closely, a traffic-control violation other than parking that arises with a fatal accident, driving a commercial vehicle without obtaining a permit or CDL, without one in possession, or without the proper class or endorsement, and texting or using a hand-held mobile telephone while driving a commercial vehicle. A person who proves they held a valid permit or CDL on the citation date is not guilty of the possession offense.

Table 3 covers six railroad-highway grade crossing violations while operating a commercial vehicle. A first conviction is no less than 60 days. A second within three years is no less than 120 days. A third or later within three years is no less than one year.

Table 4 covers violating a driver or vehicle out-of-service order while operating a commercial vehicle. For nonhazardous materials, a first conviction is no less than 180 days and no more than one year. A second within 10 years is no less than two years and no more than five. A third or later within 10 years is no less than three years and no more than five. While transporting hazardous materials, or while operating a vehicle designed for 16 or more passengers including the driver, the first conviction is no less than 180 days and no more than two years. A second or later within 10 years is no less than three years and no more than five.

Source, checked : 49 CFR 383.51. Restriction codes are a different rule. Read CDL restrictions and how to get a CDL.

Questions drivers ask

Can you get a CDL with a DUI?

49 CFR 383.51 does not answer that as a yes or no. A conviction for being under the influence of alcohol as prescribed by state law disqualifies a person who must hold a commercial learner’s permit or CDL from driving a commercial vehicle for one year on a first offense, three years if the vehicle was transporting hazardous materials, and for life on a second offense from that table. The state still decides whether to issue a license.

Can you get a CDL with a felony?

Table 1 disqualifies someone for using a vehicle to commit a felony. A first offense is one year, or three years in a hazmat commercial vehicle, and a second is life. A felony involving manufacturing, distributing, or dispensing a controlled substance is life and is not eligible for the 10-year reinstatement. A felony that is not one of those uses is not given a period in this section.

Does a lifetime disqualification ever end?

A state may reinstate a driver disqualified for life for the offenses in Table 1 paragraphs (b)(1) through (8) after 10 years, if the person voluntarily entered and successfully completed a rehabilitation program the state approved. A later conviction of one of those offenses cannot be reinstated. The controlled-substance felony and the human-trafficking felony are not eligible for that 10-year reinstatement.

Is this the same as a CDL restriction?

No. A restriction limits the vehicle or equipment. A disqualification is a period when the person must not drive a commercial vehicle. The restriction codes are in the restrictions guide.

Sources and scope

Sources checked Oct 29, 2026. Federal baselines and named state examples are distinguished in the article. Your licensing agency and written program terms govern your case.

Prepared by CDLP editorial from the sources above. No independent instructor, legal or financial review is claimed.

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