In many states it is a criminal offense (DUI/DWI) to operate a commercial vehicle with a blood alcohol concentration of .04 or more—which is half of the BAC usually required to commit the DUI/DWI offense while driving a non-commercial vehicle. Because most holders of commercial driver’s licenses (CDLs) depend on their license to earn a living, the consequences of a DUI/DWI conviction for a CDL holder—including a conviction while operating a non-commercial vehicle—are serious.
Laws vary from state to state but a CDL holder’s license may be suspended for one year for the first offense, and with a second DUI/DWI conviction the CDL holder may be permanently disqualified from holding a CDL.
These laws are generally located in a state’s statutes—often in the vehicle code, motor vehicle code, or transportation code.
In North Dakota, it is indeed a criminal offense for a commercial vehicle operator to have a blood alcohol concentration (BAC) of .04 or higher, which is in line with federal regulations. This limit is stricter than the .08 BAC limit for non-commercial drivers. For CDL holders in North Dakota, the consequences of a DUI/DWI are severe and can significantly impact their livelihood. Upon a first DUI/DWI offense, a CDL holder faces a one-year suspension of their commercial driver's license. If the offense involves transporting hazardous materials, the suspension period extends to three years. A second DUI/DWI conviction can result in a lifetime disqualification from holding a CDL, with the possibility of reinstatement under certain conditions after 10 years. These regulations are designed to promote safety on the roads and are typically found in the state's transportation or vehicle code.