How will a DWI/DUI affect my Commercial Driver's License or "CDL"?
Unfortunately, if you are convicted of a DWI/DUI in Minnesota (or in any state for that matter) Federal Regulation 383.51 will be triggered. Click HERE for the regulation. In a nutshell, a DWI/DUI conviction will result in a one (1) year ban on your CDL. A second conviction will result in a lifetime ban on obtaining a commercial drivers license, this is true even if you are in a vehicle such as your private car, SUV, boat or motorcycle.
In 2008, the law changed. Now, even if you are found not guilty of the DWI charge or it is reduced to a careless driving, and you lost your driver's license, you will face the same loss of your CDL as if you had been convicted. This is why you need to consult with a Minnesota DWI/DUI attorney as soon as possible to file the Implied Consent Petition to attempt to keep this from going on your record.
Can I get a work permit for my CDL?
No. There is no exception for a person to get a work permit with a Commercial Driver's License (or Class A license) in Minnesota.
What if I had a DWI in 1995 and just got another one? Is that two DWI’s for CDL purposes?
Fortunately, if the DWI was prior to 1999, it will not count as a prior DWI for CDL purposes.
Will I be fired or terminated from my job if I get a DWI?
That depends. As a trucker, or an over-the-road trucker (OTR), you need a CDL to work. Because having a Commercial Driver's License is required, then yes you can be fired. More importantly though, many trucking companies are firing people with a DWI because having one driver with a DWI conviction can affect the whole fleet of commercial vehicle insurance premiums. So even though your boss says you will keep your job, this might be a problem later on once the insurance premiums come in.
What if I am from another state and I get a DWI/DUI in Minnesota? Will that still affect my CDL?
Yes, as is required under Federal Regulation 383.51, you must report your conviction. Failure to report the conviction can be reason to have your CDL suspended. You must do it and face the consequences associated with losing your CDL for a year.
Rosengren Kohlmeyer Law Office
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Mankato, Minnesota 56001
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Revised: October 30, 2009
*not indicative of all cases, each case has it's own set off facts and own nuances, your case may end up with a better or worse result than the listed cases. All cases on file.
Rosengren Kohlmeyer practices criminal defense with a very special emphasis on DWI DUI in in Mankato, St. James, Fairmont, Waseca, Olivia, St. Claire, St. Peter, Gaylord, Blue Earth, Owatonna, Albert Lea, Shakopee