How Can a DUI Conviction Affect Your Ability to Get a CDL License?

 Posted on January 19, 2026 in CDL

In California and every other state, federal law prohibits commercial vehicle drivers from driving with a blood alcohol concentration of more than 0.04 percent. If this happens to be a CDL driver's first DUI, they might get off "easy" and only lose their CDL license for a year.

For the person whose job requires a CDL license to make a living, this is anything but an easy penalty, especially when combined with the potential criminal consequences of jail time plus fees and fines. And for those thinking about getting a CDL license who are unsure whether a prior DUI will affect them, the answer is, "It depends."

Whether you are trying to get a first-time CDL, fighting a DUI to prevent a CDL loss, or wanting to get back a CDL following a DUI conviction, you need an aggressive San Francisco CDL defense lawyer.

What Are the Differences Between a Regular DUI and a CDL DUI?

Commercial drivers face much stricter standards than regular drivers. While the legal limit for non-commercial drivers in California is 0.08 percent blood alcohol concentration, CDL holders are subject to the lower 0.04 percent limit when operating a commercial vehicle. This means a commercial driver can be charged with DUI at half the blood alcohol level of a regular driver.

The consequences extend beyond just the criminal case. A CDL driver convicted of DUI loses their commercial driving privileges even if the DUI occurred while driving their personal vehicle. This is true whether the driver was operating a semi-truck, a passenger car, or any other vehicle at the time of arrest.

Additionally, CDL drivers cannot refuse chemical testing without facing an automatic one-year disqualification for a first refusal or a lifetime disqualification for a second refusal. These administrative penalties happen regardless of whether criminal DUI charges result in a conviction.

Misdemeanor vs. Felony CDL DUI Convictions

The first question is whether the prior DUI conviction is a misdemeanor or felony. Most California DUI arrests are misdemeanors. Under California Vehicle Code Section 23153, a DUI becomes a felony when:

• The defendant has three or more prior DUI convictions within ten years of the current charges (in California or any other state)

• The defendant already has a felony DUI conviction

• A person received a bodily injury from an accident caused by a person driving under the influence

• The DUI accident resulted in a fatality

Those with a felony DUI on their record will not be able to obtain a CDL license, and even those without a felony DUI will receive a lifetime ban on applying for a CDL if they have two DUIs.

Can You Get a Restricted CDL License After a DUI?

Unlike regular drivers who may qualify for a restricted license to drive to work or school during their suspension period, no restricted CDL licenses exist in California. If your CDL is suspended due to a DUI, you cannot drive any commercial vehicle for any reason during the suspension period. This creates an immediate employment crisis for professional drivers.

Some drivers attempt to work in non-driving positions within the trucking industry during their suspension, but many companies are reluctant to keep employees who can’t drive. Understanding this reality makes fighting the DUI charges even more critical for commercial drivers.

What is the Process for Obtaining a CDL License After a Non-Felony DUI?

You can apply for a CDL as long as you have a non-felony DUI and the one-year disqualification period is over. If this was your first DUI, the following requirements must be completed:

• Any DUI program or rehab ordered by the court must be finished

• All court-ordered fines must be paid in full

• Attend state-licensed DUI school

Getting a CDL license reinstated may not be enough to convince a trucking company to hire a driver with a DUI on their record. Trucking companies are naturally wary of hiring a driver with a DUI on their record since the company pays high-risk insurance premiums for the driver.

Before applying for truck driver positions after regaining a CDL license, thoroughly review each company's policies regarding working with drivers who have a DUI conviction. Some companies may have an additional waiting period or other requirements.

Call a Napa CDL Defense Lawyer Today

Our San Francisco CDL DUI defense attorney from Burglin Law Offices, P.C. has represented more than 5,000 people charged with DUI. We can work toward helping you regain your CDL license or fight to avoid a conviction in the first place. 

Having a lawyer with a stellar 40-year legal career and comprehensive education in chemical testing and scientific protocols for DUI cases simply makes good sense. Call Burglin Law Offices, P.C. at 415-729-7300 to schedule your free consultation.