...
Driving under the influence is a serious issue for all road users. Alcohol and/or drug use can reduce coordination, slow a driver’s reaction rate, and dull mental processes.
The consequences of a driver driving under the influence can include fines and penalties for the driver and the potential for serious injury or death for all individuals involved in an accident or incident that is the result of a driver driving under the influence.
Scope
This issue applies to all road users, including drivers of all types of vehicles. Here, we will focus on how a conviction for driving under the influence affects the driver of a commercial motor vehicle.
Regulatory citations
- 49 CFR 383.5 — Definitions
- 49 CFR 383.51 — Disqualification of drivers
- 49 CFR 383.53 — Penalties
- 49 CFR 391.15 — Disqualification of drivers
Key definitions
- Disqualification: Any of the following three actions:
- The suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance;
- Any withdrawal of a person’s privileges to drive a CMV by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or
- A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under Part 391.
- Driving under the influence (DUI): A traffic conviction of operating a motor vehicle while impaired by drugs and/or alcohol. It is known by a variety of terms depending upon the state.
Summary of requirements
Commercial Driver License (CDL) holders:
- Alcohol convictions. Alcohol convictions are based upon a person's blood alcohol content (BAC). Most states consider the legal limit to be below .08. Penalties for having a BAC above the legal limit vary from state to state, but holders of commercial drivers' licenses (CDL) are held to some absolutes on the federal level based on 391.51. Actions in their personal vehicles will be linked to their CDLs. A conviction in a personal vehicle for DUI affects a driver's ability to operate a commercial motor vehicle (CMV) as defined in 383.5 (i.e., requires a CDL).
A first-time DUI offense, in any kind of vehicle — with the exception of a CMV with hazardous materials — results in a one-year CDL disqualification, providing the driver has not had any other serious traffic offense listed in Table 1 of 383.51. A first-time DUI offense occurring in a CMV carrying hazardous materials, providing the driver has not had any other serious traffic offense listed in Table 1 of 383.51, will disqualify the driver for three years. The driver with a second conviction that is a combination of the offenses listed in 383.51 Table 1 is disqualified for life — it does not matter if it was only his or her first-time DUI.
- Dispelling myths. Many drivers and motor carriers have mistakenly thought that CDL holders have a different BAC reading requirement than the general public while in a personal vehicle. The common myth is that a driver cannot have a BAC of .04 or higher in any kind of vehicle. A BAC of .04 is considered a DOT alcohol violation under 382.201. This, however, is only linked to performing a safety-sensitive function. It is not a disqualifier in a personal vehicle. The state drunk driving law and its limit would prevail for personal vehicles.
However, CDL holders cannot have an alcohol concentration of .04 or greater if operating a CMV as defined in 383.5. It may not meet the state's definition of driving under the influence, but it will be held against the driver in regards to operating a vehicle that requires a CDL. It also is actual knowledge as defined in 382.107. It is a prohibition that requires the DOT return-to-duty process in order to operate any kind of CMV, as defined in 390.5 or 382.107/383.5.
- Under the influence of a controlled substance. A CDL holder will have a conviction of operating any kind of vehicle under the influence of a controlled substance held against his or her CDL.
What is a controlled substance? A controlled substance is defined in 383.5 as having "the meaning such term has under 21 U.S.C. 802(6) and includes all substances listed on schedules I through V, of 21 CFR 1308 (1308.11 through 1308.15) as they may be amended by the United States Department of Justice.
According to 383.51, a CDL-holder who is cited and convicted of "being under the influence a controlled substance" in any vehicle would be disqualified from holding a CDL. This includes CDL commercial vehicles, non-CDL commercial vehicles, and personal vehicles.
Keep in mind that "under the influence" would involve law enforcement judging impairment and ticketing the driver and the driver being convicted. To keep this from happening, the driver and carrier would need to make sure that the prescribing physician understands the driver's duties and how well-tolerated the medicine is for the driver and any side effects. This would all play into the "under the influence."
A first-time offense of being under the influence of a controlled substance, in any kind of vehicle — with the exception of a CMV with hazardous materials — results in a one-year CDL disqualification, providing the driver has not had any other serious traffic offense listed in Table 1 of 383.51. A first-time offense, providing the driver has not had any other serious traffic offense listed in Table 1 of 383.51, occurring in a CMV carrying hazardous materials will disqualify the driver for three years. The driver with a second conviction that is a combination of the offenses listed in 383.51 Table 1 is disqualified for life — it does not matter if it was only his or her first-time conviction of operating a motor vehicle while under the influence of a controlled substance.
Non-CDL holders. Non-CDL holders are not held to the same federal standards as their CDL counterparts. DUI convictions occurring in a personal vehicle do not affect the driver's ability to operate a CMV as defined in 390.5. If the conviction leads to a suspension, the driver will be able to operate the CMV once his or her operator's license has been reinstated. However, he or she must adhere to the guidelines set forth in 391.15, 392.4, and 392.5 when operating a CMV as defined in 390.5. (Note: CDL holders are also subject to these rules; however, Part 383 is more stringent and more often referred to.)
According to 391.15, while operating a CMV, the driver cannot be convicted of driving a commercial motor vehicle while intoxicated, which includes:
- Driving a commercial motor vehicle while the person's alcohol concentration is 0.04% or more;
- Driving under the influence of alcohol, as prescribed by state law; or
- Refusal to undergo such testing as is required by any state or jurisdiction in the enforcement of 391.15(c)(2)(i)(A) or (B), or 392.5(a)(2).
- Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11 Schedule I-identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic drug;
- Transportation, possession, or unlawful use of a 21 CFR 1308.11 Schedule I-identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in 395.2 of this subchapter.
Any one of these convictions would result in a disqualification for one year if it is a first-time offense or there were no other disqualifying offenses in the previous three years. Disqualifier #5 would only result in a six-month disqualification if it involved solely the transportation or possession of substances.
If an additional conviction occurred within three years of the driver violating any of the above disqualifiers, or leaving the scene of an accident, or a felony involving the use of a commercial motor vehicle, the driver would be disqualified for three years.