You cannot continue using your CDL after a DUI conviction in Oklahoma, as it will be subject to mandatory disqualification. Any CDL disqualification in another state will also apply in Oklahoma. Similarly, a CDL disqualification in Oklahoma will apply in other states.
The holder of a Commercial Driver’s License (CDL) faces a one-year mandatory disqualification of their CDL for a first-offense DUI. This applies even if they were driving their private vehicle at the time of the offense. For a second offense, a lifetime ban is imposed.
If the driver was found in control of a commercial vehicle transporting hazardous materials, the first-offense disqualification period is 3 years, and for a second offense, the lifetime ban applies.
Blood Alcohol Concentrations and DUI For Commercial Drivers
Under 47 O.S. § 11-902, any driver or person in control of a motor vehicle with a BAC of 0,08 or higher will be charged with a DUI offense. The standard for a person operating a commercial vehicle is much more stringent. A BAC of 0.04% or higher triggers CDL disqualification.
If a commercial driver is off-duty and is operating their personal vehicle, the BAC of 0,08 or higher applies. If they are convicted, they will face the usual penalties for DUI, as well as CDL consequences.
In essence, commercial drivers are held to a far higher standard than regular drivers, and the consequences of a DUI are much more serious, as they will be unable to work for at least one year if the DUI is a first offense.
In Oklahoma, DUI Offenses and CDL Disqualifications End Commercial Drivers’ Careers
The stakes are already high for a commercial driver who is found guilty of DUI for the first time. For repeat offenses, the stakes rise significantly. A second conviction is almost certainly a career-ending event, as a second DUI or APC conviction results in a lifetime disqualification of the CDL.
Although federal rules allow states to consider reinstatement after at least 10 years, Oklahoma does not guarantee reinstatement and imposes strict legal and administrative conditions. As a practical matter, a second offense usually ends a commercial driver’s career.
In practice, a first offense DUI conviction may have similar career consequences. A driver under a one-year ban is likely to lose their job. After the one-year disqualification has elapsed, employers are reluctant to employ a commercial driver with a prior DUI conviction.
APC and DUI Convictions Are Considered Equally Serious
Whether they are off duty or on duty, commercial drivers must be particularly cautious. An Actual Physical Control (APC) violation is considered as serious as DUI. Actual Physical Control can apply to stationary vehicles. Simply being in the driver’s seat with access to the keys may be considered APC, depending on the circumstances and the driver’s ability to operate the vehicle.
DUI is Regarded as a Major Violation
Under the rules imposed by the Federal Motor Carrier Administration, DUI is regarded as a major violation carrying CDL consequences. Other offenses in this category include leaving the scene of an accident, using a vehicle ot commit a felony, or causing a fatality.
DUI charges apply when a driver tests above the relevant threshold for alcohol or is found to be driving under the influence of drugs. If a driver refuses to take a test, authorities will assume the driver is driving under the influence. When facing charges, it may be wise to consult a CDL DUI attorney.