Are you a commercial driver that is concerned about having your professional license re-instated? If so, you’re in the right place. We can offer you the guidance needed in order to satisfy the suspension requirements necessary to complete before the Department of Motor Vehicles (DMV) will re-instate your license. This information covers disqualified, suspended, and revoked license for the State of Virginia only but can be used as a general guideline for other states.
CDL Disqualifications For Commercial and Non-commercial Infractions
Many drivers do not realize that your license can be suspended, disqualified, or revoked for both commercial and NON-commercial infractions, including but not limited to:
1. Reckless driving and speeding. (What you do on your days off can impact your job!)
2. Felonies and misdemeanors involving your vehicle such as, vehicular homicide.
3. Out-of-service order violations.
4. Driving Under the Influence and Driving While Intoxicated (DUI/DWI) offenses. (Even over-the-counter sleep aids and allergy pills used while driving can be grounds for termination if it is proven a driver was under the influence of these chemicals when an accident occurred).
If your license has been revoked, this page will provide you the information you need in order to win your war with the DMV. This isn’t going to be easy but we have the knowledge you need in order to get your life back on track!
CDL Suspension in Virginia and You
The duration of your CDL suspension, penalties, and reinstatement requirements will vary depending on your offense. The amount of time your commercial driver’s license can be suspended depends on the gravity of your offense. Minor offenses will result in less time than major offenses.Satisfaction of the requirements needed to re-instate your CDL license are not solely limited to the sanctions imposed by the DMV.
Certain offenses also require you satisfy the will of the Civil or Criminal Court system in order to re-activate your suspended license. Moving violations committed while driving your personal, non-commercial vehicle can also impact your CDL license. For more information, please review our Suspended License in Virginia page.
Penalties in the State of Virginia
The VMDV will suspend or revoke your CDL for the following reasons:
1–3 years, for violations including:
- DUI and alcohol or drug offenses
- Falsifying information to the VA DMV
- Using a commercial vehicle in a felony
60–120 days if you’re convicted of 2 violations or more within 3 years and are deemed “serious violations,” including:
- Texting and driving
- Speeding
- Following too closely
- Reckless driving and/or erratic lane changes
- Driving a commercial vehicle without a CDL, or driving without your CDL with your CDL suspended or revoked
- Driving without the proper endorsements
Federal Penalties
Commercial drivers in Virginia are also held accountable to Federal laws. These regulations are controlled by an agency known as, the Federal Motor Carrier Safety Administration (FMCSA), which include:
- Disqualifications and fines for violating out-of-service orders.
- Suspensions and disqualifications ranging from 60 days to life for violations and convictions including:
- Railroad-highway grade crossing violations
- Reckless driving and excessive
- DUI/DWI sentenceS and offenses
- Leaving the scene of an accident you are involved in
You must advise your employer within 30 days of any traffic offense. For additional information and content pertaining to federal regulations and penalization, please see the FMCSA website.
CDL Driving Record Points and You
You may also acquire a CDL interruption for amassing too many driving record points. You will receive a cautionary document from the VA DMV, if you collect:
- 8 points in 12 months
- 12 points in 24 months
Your CDL will be suspended for 90 days if you collect:
- 18 points in 12 months
- 24 points in 24 months
After you complete your suspension, you will be placed on a 6-month probationary period. Upon successful completion, your license will restored to its original state. Remember, the majority of commercial driver license infractions, disqualifications, and revocations will stay on your Virginia DMV driving record for good.
Also, if you are below 20 years of age and acquire any automotive violations, you must pass the commercial driving and knowledge tests again when you restore your CDL. Some infractions may necessitate you attend a commercial driver’s license betterment session.
DUI/DWI Commercial Driver’s License Suspensions
You may be charged with driving under the influence (DUI) in Virginia if you:
- Operate a commercial vehicle in Virginia with a BAC of 0.04% or higher
- Test affirmative for driving under the influence of drugs
- Refuse a blood/breath blood alcohol concentration (BAC) test
Your CDL can be ineligible for 60 days to life for any of the explanations preceding. Depending on the conditions of your offense, your non-commercial driving rights may not be taken.
Conclusion/Summary
Commercial Drivers in the state of Virginia are required to know the law in order to maintain their livelihood. This article aims to shed light on this often mysterious subject. Whether you have been charged and are pending trial for a simple moving violation or you are facing prison time for a vehicular homicide while driving under the influence, we provide drivers with the information they need in order to prevent them and their families from ending up in the poorhouse. It isn’t easy fighting the law when you have been accused of a crime involving a vehicle. Our goal is to provide unbiased information to all drivers in the state of Virginia in order to prevent them from losing their license
Contact The Brown Firm PLLC For Professional Legal Assistance
The traffic defense lawyers at The Brown Firm PLLC can assist you in your fight against the courts to maintain your CDL license in the event of a DWI/DUI charge. For information about DUI charges resulting in the suspension of your non-commercial vehicle, visit our Suspended License in Virginia page. In addition to licensing issues with the state DMV, the preceding offenses may also result in jail or even prison time. This is especially true for repeat offenders.Aggregate alcohol/drug misconducts or offenses will result in a permanent suspension of your CDL.
Legal Consultations Are Available
We want you to understand your options before making an important decision. To discuss your case with on of our traffic defense lawyers, call our office or – send us a message online with a description of your case.
