Written by the America’s Driving Force team · Reviewed by Joel Curtis, retired professional truck driver · Published October 5, 2026 · Last reviewed October 5, 2026 · Sources are listed at the end
Federal rules in 49 CFR 383.51 disqualify CDL holders from driving a commercial vehicle after certain convictions. Major offenses like DUI or leaving the scene carry 1 year (3 years with hazmat) and life for a second offense. Serious traffic violations carry 60 or 120 days, railroad crossing violations at least 60 days, and out-of-service violations 180 days or more.
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What a CDL disqualification is
A CDL disqualification is a period during which you may not drive a commercial motor vehicle (CMV), even if your license is otherwise valid. The federal rules are in 49 CFR 383.51. They list four groups of offenses: major offenses, serious traffic violations, railroad-highway grade crossing offenses and out-of-service order violations. Each group has its own disqualification periods, and the periods get longer with repeat convictions.
This guide summarizes the tables in the regulation as they appeared on eCFR on October 5, 2026. It is general information, not legal advice. States administer disqualifications and can add their own penalties, so talk to a licensed attorney or your state licensing agency about a specific situation.
Rules that apply to every disqualification
Several general rules in 383.51(a) apply to every offense:
- A person required to have a commercial learner’s permit (CLP) or CDL who is disqualified must not drive a CMV, and an employer must not knowingly allow, require, permit or authorize a disqualified driver to drive one.
- A CLP or CDL holder can be disqualified for the listed offenses even when the violation happens in a non-CMV, such as a personal car, if the holder is convicted.
- Each conviction from a separate incident counts toward first and subsequent violations, whether it was committed in a CMV or a non-CMV.
- A disqualification period is added to any previous period of disqualification.
- Foreign commercial drivers are subject to disqualification too.
“Conviction” is defined broadly in 49 CFR 383.5. It includes an unvacated adjudication of guilt, an unvacated forfeiture of bail or collateral, a guilty or nolo contendere plea accepted by the court, the payment of a fine or court cost, and a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated.
Major offenses
Table 1 in 383.51(b) covers the most serious offenses. For a first conviction in a CMV the disqualification is 1 year, or 3 years if you were transporting hazardous materials as defined in 49 CFR 383.5. A second conviction in a separate incident, of any combination of offenses in the table, means disqualification for life. The offenses are:
- being under the influence of alcohol as prescribed by state law;
- being under the influence of a controlled substance;
- having an alcohol concentration of 0.04 or greater while operating a CMV;
- refusing to take an alcohol test required under a state’s implied consent laws;
- leaving the scene of an accident;
- using the vehicle to commit a felony (other than the felonies described below);
- driving a CMV when your CLP or CDL is revoked, suspended or canceled, or you are disqualified, as a result of prior violations committed in a CMV; and
- causing a fatality through the negligent operation of a CMV, including motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
Two offenses carry a lifetime disqualification on the first conviction: using a vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance, and using a CMV in a felony involving severe forms of trafficking in persons. The regulation says these are not eligible for the 10-year reinstatement described below.
Non-CMV matters count for some offenses. For the alcohol, controlled substance, test refusal, leaving the scene and felony offenses, a first conviction while driving a non-CMV still disqualifies a CLP or CDL holder from operating a CMV for 1 year.
Serious traffic violations
Table 2 in 383.51(c) covers serious traffic violations. These carry shorter periods, and the penalty depends on how many convictions you collect in a 3-year period:
| Convictions in separate incidents within 3 years (CMV) | Disqualification |
|---|---|
| Second conviction of any combination of offenses in the table | 60 days |
| Third or subsequent conviction | 120 days |
The serious traffic violations listed are:
- speeding excessively, meaning 15 mph (24.1 kmph) or more above the regulated or posted limit;
- driving recklessly, as defined by state or local law;
- making improper or erratic lane changes;
- following the vehicle ahead too closely;
- violating a state or local traffic control law (other than a parking violation) in connection with a fatal accident;
- driving a CMV without obtaining a CLP or CDL;
- driving a CMV without the CLP or CDL in your possession;
- driving a CMV without the proper class of license or endorsements for the vehicle, passengers or cargo; and
- violating a state or local law prohibiting texting, or restricting or prohibiting hand-held mobile phone use, while driving a CMV.
The regulation’s footnotes add two details. If you can prove to the enforcement authority, by the date you must appear in court or pay a fine, that you held a valid CLP or CDL when you were cited for not having it in your possession, you are not guilty of that offense. And for the texting and phone offenses, “driving” includes being temporarily stationary because of traffic or a traffic control device, but not a vehicle you have moved off the highway and safely halted.
For serious violations committed in a non-CMV, the same 60 and 120 day periods apply only if the conviction results in the revocation, cancellation or suspension of your license or non-CMV driving privileges, and only for the first five items on the list.
Railroad-highway grade crossing offenses
Table 3 in 383.51(d) covers six railroad-highway grade crossing violations while driving a CMV: failing to slow down and check that the tracks are clear when you are not required to always stop, failing to stop before the crossing if the tracks are not clear, failing to stop when always required to, not having enough space to drive completely through the crossing without stopping, failing to obey a traffic control device or an enforcement official at the crossing, and failing to get across because of insufficient undercarriage clearance. The periods are:
| Conviction within 3 years | Disqualification |
|---|---|
| First | No less than 60 days |
| Second | No less than 120 days |
| Third or subsequent | No less than 1 year |
Out-of-service order violations
Table 4 in 383.51(e) covers violating a driver or vehicle out-of-service order while operating a CMV. The window for counting repeat convictions here is 10 years.
| Offense | First conviction | Second (within 10 years) | Third or later (within 10 years) |
|---|---|---|---|
| Out-of-service violation, nonhazardous materials | 180 days to 1 year | 2 to 5 years | 3 to 5 years |
| Out-of-service violation while transporting hazardous materials, or in a vehicle designed for 16 or more passengers including the driver | 180 days to 2 years | 3 to 5 years | 3 to 5 years |
Reinstatement and your duty to notify your employer
Two rules help limit the damage of a lifetime disqualification. Under 383.51(a)(6), a state may reinstate a driver disqualified for life for the Table 1 offenses numbered (1) through (8) after 10 years, if the person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the state. Anyone reinstated this way who is later convicted of a disqualifying Table 1 offense must not be reinstated again. The lifetime disqualifications for drug-related felonies and trafficking are not eligible.
The regulation also puts a duty on you, not just your state. Under 49 CFR 383.31, a CDL holder who operates a CMV and is convicted of violating any state or local traffic control law (other than parking) in any type of vehicle must notify their current employer in writing within 30 days of the conviction. The notice must include your full name, license number, date of conviction, the offense, whether it happened in a CMV, the location and your signature.
If you are looking at trucking jobs or planning a career, see our guides to entry-level driver training and the difference between Class A and Class B licenses, and our directory of trucking companies by state. Regulations change, so confirm current details with your state licensing agency.
Frequently asked questions
How long is a CDL disqualification for a DUI?
Under 49 CFR 383.51, a first conviction for being under the influence of alcohol while operating a CMV is a 1 year disqualification, or 3 years if you were transporting hazardous materials. A second conviction in a separate incident of any combination of Table 1 offenses means disqualification for life.
Can a traffic ticket in my personal car affect my CDL?
Yes. A CDL holder is subject to the listed sanctions if convicted of the violations while driving a CMV or non-CMV. For serious traffic violations in a non-CMV, the disqualification applies only if the conviction results in revocation, cancellation or suspension of your license or driving privileges.
How many speeding tickets lead to a CDL disqualification?
Excessive speeding, meaning 15 mph or more above the limit, is a serious traffic violation. A second conviction of any combination of serious violations within 3 years in a CMV means 60 days, and a third or later means 120 days.
Can a lifetime CDL disqualification ever be lifted?
For the major offenses numbered (1) through (8) in Table 1, a state may reinstate a driver after 10 years if the person voluntarily completed a state-approved rehabilitation program. It is not available for drug-manufacturing or distribution felonies, or trafficking felonies.
Do I have to tell my employer about a conviction?
Yes. Under 49 CFR 383.31, a CDL holder convicted of violating a state or local traffic control law, other than parking, in any type of vehicle must notify their current employer in writing within 30 days of the conviction.
Related guides
- How to get a CDL without a traditional truck driving school
- Class A vs Class B CDL licenses
- Trucking companies by state
About the reviewer
Joel Curtis is a retired professional truck driver with more than 30 years of over-the-road experience in Canada and the United States. He reviews our guides for practical accuracy from a driver’s point of view. Every guide is built from the official sources listed below.
Sources
- 49 CFR 383.51: Disqualification of drivers, Electronic Code of Federal Regulations
- 49 CFR 383.31: Notification of convictions for driver violations, Electronic Code of Federal Regulations
- 49 CFR 383.5: Definitions, Electronic Code of Federal Regulations
This guide is general information, not legal or financial advice. Rules, fees and requirements change, so confirm current details with the agencies listed above and your state before you act.