Can You Keep Your CDL After a DUI Arrest or Conviction?

Can You Keep Your CDL After a DUI Arrest or Conviction?

A DUI arrest puts more than your regular driver’s license at risk. For commercial drivers, the consequences can reach further and hit harder. Your CDL, your livelihood, and your ability to stay employed may all hang in the balance at the same time. If you have been arrested or convicted of DUI charges, you should know:

• How a DUI arrest can affect your regular driver’s license before your case ends, including potential suspension triggered by the arrest itself
• When a DUI conviction or chemical-test refusal can put your CDL at risk, even if the DUI occurred in your personal vehicle
• What commercial drivers may need to report to their employer, and why staying ahead of that conversation matters
• Why specialized driving privileges may not restore your commercial driving rights, even when they restore your regular license

Worthley Law represents commercial drivers facing DUI charges or convictions. If you need further guidance, reach out to our team. We’ll listen to you, discuss your options, and help you find a path forward.

How Does a DUI Arrest Affect Your Regular Driver’s License Before the Case Ends?

The consequences of a DUI arrest in Indiana do not wait for a conviction. The moment you are arrested, a separate administrative process begins that can result in your license being suspended before you ever set foot in a courtroom.

If you failed a chemical test or refused to take one, the Bureau of Motor Vehicles (BMV) may move to suspend your driving privileges based on that alone. This suspension is independent of the criminal case. You typically have a limited window, often just a few days after the arrest, to request a hearing and challenge the suspension.

For commercial drivers, this pre-conviction period is not just an inconvenience. A suspended regular license may immediately affect your ability to operate a commercial vehicle, depending on your employer’s policies and the terms of your CDL.

When Can a DUI Conviction or Chemical-Test Refusal Put Your CDL at Risk?

Under federal law and Indiana law, a CDL holder can face disqualification from operating a commercial vehicle based on certain DUI-related events, including:

• A conviction for DUI, even if the arrest occurred while you were driving your personal vehicle, not a commercial one
• Refusing a chemical test while operating a commercial vehicle
• A BAC of .04% or higher while operating a commercial vehicle (half the legal limit that applies to non-commercial drivers)

A first-time DUI conviction typically results in a one-year CDL disqualification. If the DUI occurred while transporting hazardous materials, that disqualification extends to three years. A second DUI conviction can result in a lifetime CDL disqualification.

These are federal minimums. Indiana applies them strictly, and there is little room for exceptions.

What Do Commercial Drivers Need to Report to Their Employer After a DUI Arrest?

Federal regulations require CDL holders to notify their employer within 30 days of any traffic-related conviction, including DUI convictions. Some employers require notification of an arrest as well, especially if your job involves safety-sensitive responsibilities.

Failing to report can create additional problems beyond the DUI itself, including termination for policy violations. Important reporting considerations include:

• Check your employment contract for notification requirements tied to arrests, not just convictions
• Review the company policy on license suspensions and temporary driving restrictions
• Understand that your employer may be required to take you off commercial driving duty even before your case resolves

Being upfront with your employer is not always easy, but getting caught having concealed an arrest or conviction often makes the situation worse.

Why Won’t Specialized Driving Privileges Restore Your Commercial Driving Rights?

Many Indiana drivers who face a license suspension are eligible to apply for specialized driving privileges (SDP), which allow limited driving for purposes like work, school, or medical appointments. For most drivers, this is a great solution.

However, SDP has an important limit for CDL holders: it does not restore the right to operate a commercial motor vehicle. In addition, federal law prohibits states from issuing restricted CDLs. This means that:

• You may be able to drive your personal vehicle under an SDP order
• You cannot use that SDP to get behind the wheel of a commercial vehicle
• Your employer cannot allow you to drive commercially during a CDL disqualification, regardless of what a state court authorizes

This distinction catches many commercial drivers off guard. Restoring your regular driving privileges and restoring your CDL are two completely separate processes with different rules.

Your CDL and Your Future Both Deserve a Real Defense

A DUI charge affects commercial drivers differently than it affects everyone else. The stakes are higher, the rules are stricter, and the timeline for acting is short.

Attorney Mark Worthley at Worthley Law, LLC has over 14 years of criminal defense experience, including time spent as both a Deputy Prosecutor and a Public Defender. That background gives him a direct understanding of how DUI cases are built and how they can be challenged. If you are a commercial driver facing a DUI charge in Northwest Indiana, contact Worthley Law, LLC today to schedule a consultation.