What offenses disqualify a CDL holder under 49 CFR 383.51?

Short answer

A CDL holder is disqualified for major offenses, including being under the influence of alcohol or a controlled substance, having an alcohol concentration of 0.04 or greater, and refusing to take an alcohol test. The disqualification periods range from 1 year to lifetime, depending on the offense and whether it was committed while operating a CMV or non-CMV.

The rule says

"Being under the influence of alcohol as prescribed by State law" (49 CFR 383.51(b)(1))

"Being under the influence of a controlled substance" (49 CFR 383.51(b)(2))

"Having an alcohol concentration of 0.04 or greater while operating a CMV" (49 CFR 383.51(b)(3))

"Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations" (49 CFR 383.51(b)(4))

In plain English

These offenses can result in significant disqualification periods, which can impact a driver's ability to work and a motor carrier's operations. For example, a first conviction for being under the influence of alcohol or a controlled substance while operating a CMV can result in a 1-year disqualification, while a second conviction can result in a lifetime disqualification. It's essential for drivers and motor carriers to understand these rules and the consequences of non-compliance.

What to do

• Review the list of major offenses in 49 CFR 383.51(b) to understand the specific offenses that can result in disqualification.
• Ensure that drivers are aware of the disqualification periods and the consequences of non-compliance.
• Implement procedures to verify drivers' eligibility to operate a CMV, including checking their driving records and CDL status.
• Develop a plan to manage drivers who are disqualified, including providing alternative duties or terminating their employment.