How will a DWI or other traffic offense affect my CDL?

Nov 23, 2008 - by Joseph Welsh

Alcohol is a legal substance.  But state and federal rules can mandate a suspension of a commercial drivers license (CDL) even in circumstances where a person is not convicted of DWI, DUI or OUI.  

Alcohol and Your Commerical Drivers License (CDL)

Under Federal Motor Carrier Safety Administration (FMCSA) regulations, the performance of safety-sensitive functions is prohibited:

• While using alcohol. 
• Within four hours after using alcohol, or
• While having a breath alcohol concentration of 0.04 percent or greater. 

In addition, refusing to submit to an alcohol test or using alcohol within eight hours after an accident will result in suspension.

NH DWI Laws for Commerical Drivers

Under NH administrative rules, a commercial driver must inform the Department of Safety within 30 days of any traffic violation (except certain speeding tickets).

Even if a commercial driver is not convicted of DWI, his or her CDL can be suspended for refusing a breath test, possessing drugs, leaving the scene of an accident, or reckless driving.

We Can Help

If you possess a CDL and have been charged with DWI or another traffic violation, you should speak with a lawyer as soon as possible. 

The lawyers at Samdperil & Welsh represent people charged with DWI, DUI, OUI and other serious motor vehicle violations in New Hampshire. We regularly appear in NH courts and at the NH Department of Safety for administrative suspension hearings, and can help you.