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 Nebraska, it is indeed a criminal offense for a commercial vehicle operator to have a blood alcohol concentration (BAC) of .04 or more, which is stricter than the .08 BAC limit for non-commercial drivers. This is in accordance with federal regulations that apply to all states. For CDL holders in Nebraska, the consequences of a DUI/DWI are severe. A first offense DUI/DWI can result in a one-year suspension of the CDL, which can be extended to three years if the offense occurs while transporting hazardous materials. A second DUI/DWI conviction can lead to a lifetime disqualification from holding a CDL, although there may be opportunities for reinstatement under certain conditions after 10 years. These regulations are designed to promote safety on the roads and to hold commercial drivers to a higher standard given the potential for greater harm in commercial vehicle accidents. The relevant laws are typically found in Nebraska's Revised Statutes, specifically within the Motor Vehicle Operator's License Act.