CDL Disqualifications

Moving Violations
If you receive two or more moving violations within the average 5 year life of your CDL license (driving either a private or commercial vehicle), you must retake the driver's license exam, the motorcycle exam (if applicable) and all written exams applicable to your CDL license. If you receive an intrastate CDL when you are under age 20 and you renew at age 20, you must retake all exams if you have received one or more moving violations.

If you are convicted of any of the following violations when driving a commercial motor vehicle, you will be disqualified or prohibited from driving commercial motor vehicles.

• You will receive a one-year disqualification for any of the following offenses:
  • Driving a commercial motor vehicle with a blood alcohol content (BAC) or 0.04 or higher.
  • Driving a commercial motor vehicle while under the influence of alcohol or drugs.
  • Refusing a blood and/or breath test while operating a commercial motor vehicle.
  • Failing to stop at the scene of an accident that involves your commercial motor vehicle if the accident causes injury or death.
  • Using a commercial motor vehicle to commit a felony.
  • Making a false statement on any application for a commercial driver's license.

• You will be disqualified for a period of between 180 days and 10 years for conviction of violating an out-of-service order while operating a commercial vehicle.
• You will receive a three-year disqualification if you were convicted of any of the offenses listed above while transporting hazardous materials.

• You will receive a life-time disqualification if you:
  • Receive a second conviction for one of the violations listed above

    or

  • Are convicted of using a commercial motor vehicle in the manufacture or illegal distribution of drugs.

• You will receive a 60-day disqualification if you are convicted of two serious violations within a three-year period.

• You will receive a 120-day disqualification if you are convicted of three or more serious violations within a three-year period.

• You will receive a 180-day disqualification for your first conviction of violating out-of-service orders.

• You will receive a three-year disqualification for the second and subsequent convictions of violating out-of-service orders.

• You may not operate a commercial motor vehicle for up to 30 days if the Federal Motor Carrier Safety Administration (FMCSA) determines that you may constitute an imminent hazard and issues an Imminent Hazard disqualification order.
• You may not operate commercial motor vehicles if you are convicted of driving under the influence even if you are issued a restricted license that allows you to drive during the suspension period. This applies even if the violation occurred in your personal car.

• Serious Violations include:
  • Speeding 15 mph or more above the speed limit
  • Reckless driving
  • Improper or erratic lane change
  • Following too closely
  • A moving violation related to a fatal crash
    
    
• All CDL drivers are subject to Virginia's controlled substance and alcohol testing laws. If you operate a commercial vehicle under the influence of alcohol or drugs, refuse to take a blood alcohol test or are found to have a BAC of .04 percent or greater, your CDL will be disqualified. The disqualification period ranges from 60 days to life, but does not necessarily affect your privilege to drive a passenger vehicle.
  
  
• If you operate a vehicle on Virginia's roadways, you agree to take a chemical test upon request to determine if you are driving under the influence of alcohol or drugs. This is called implied consent.

• Railroad crossing violations will result in a:
  • 60-day disqualification for a first offense.
  • 120-day disqualification for a second offense committed within three years.
  • one-year disqualification for a third offense committed within three years.

• Federal and state laws require drivers to inspect their vehicles before every trip. Federal and state inspectors can inspect your vehicle. If they find that it is unsafe, they can put it out of service until you have it fixed. If you are convicted of violating an out-of-service order, your CDL will be disqualified.