Important Notice

If you are convicted of certain traffic offenses while operating a commercial motor vehicle (CMV), you will be subject to more severe penalties, which may result in the suspension or revocation of your CDL.

Your operator/chauffeur license may also be affected, depending on the severity of the traffic offense.

Any traffic conviction in a non-commercial motor vehicle that results in a suspension or revocation of your operator/chauffeur license, will also apply to your CDL.

Major Traffic Offenses

Major Offenses Include:

  • •Under the influence of alcohol
  • •Having an alcohol concentration of 0.04 or greater while operating a CMV
  • •Operating under the influence of a controlled substance
  • •Refusing to take an alcohol test
  • •Leaving the scene of an accident
  • •Using the vehicle to commit a felony
  • •Causing a fatality through the negligent operation of a CMV
  • •Using the vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance

If charged and convicted for any major traffic offense while driving any type of motor vehicle, your CDL will be:

  • •Suspended for 1 year for a first violation; 3 years if transporting hazardous materials
  • •Revoked for a minimum of 10 years for any two convictions occurring in separate incidents, in any time period

If charged with and convicted of reckless driving, negligent homicide, or fleeing/eluding a law enforcement officer (misdemeanor), your CDL will be suspended for one year.

If charged with and convicted of committing a felony involving the manufacture, distribution or dispensing of a controlled substance, your CDL will be revoked for life.

Your operator/chauffeur license may also be affected, depending on the severity of the traffic conviction and points will be added to your driving record.

Serious Traffic Violations

Serious Violations Include:

  • •Speeding 15 mph or more over the posted limit
  • •Following too closely
  • •Changing/using lanes erratically/improperly
  • •Operating a CMV without a CDL in possession
  • •A traffic violation connected with a fatal accident
  • •Careless driving
  • •Operating a CMV without a CDL
  • •Driving a CMV without proper class of CDL and/or endorsements

If charged and convicted for any serious traffic violation while driving a CMV, your CDL will be:

  • •Suspended for 60 days for two violations in separate incidents in three years
  • •Suspended for 120 days for three or more violations in separate incidents in three years
  • •Points will be added to your driving record

If convicted for any of the above in a non-CMV, your CDL will be suspended if the conviction results in a suspension or revocation of your driver's license.

Railroad Crossing Violations

For drivers who are NOT required to always stop:

  • •Failure to slow down and check the tracks are clear of an approaching train
  • •Failure to stop before reaching the crossing when the tracks are not clear

For drivers who ARE always required to stop:

  • •Failing to stop before driving onto the crossing

For ALL drivers:

  • •Failing to have sufficient space to drive completely through the crossing without stopping
  • •Failing to obey a traffic control device or the directions of an enforcement official at the crossing
  • •Failing to negotiate a crossing because of insufficient undercarriage clearance

If charged and convicted for any railroad crossing violation, your CDL will be:

  • •Suspended for 60 days for the first violation
  • •Suspended for 120 days for two violations in separate incidents in three years
  • •Suspended for one year for three or more violations in separate incidents in three years
  • •Points will be added to your driving record

Serious Alcohol Violations While Operating a CMV

Out-of-Service (24 hours)

You will be placed out-of-service for 24 hours if you:

  • •Refuse to take a preliminary breath test (PBT)
  • •Consume alcohol within four hours prior to operating a CMV
  • •Consume alcohol while operating a CMV
  • •Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

Other Alcohol Violations

If you have consumed too much alcohol, you can be charged with:

  • •Operating While Intoxicated
  • •Operating While Impaired by Liquor
  • •Operating with a BAC of .04 < .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • •OUIL, OWI or UBAL causing death or serious injury
  • •Operating under the influence, or operating while impaired by Controlled Substances

If you refuse to submit to a chemical test (Implied Consent)* or are convicted of any alcohol offense, your CDL will be:

  • •Suspended for one year for a first offense, or three years if transporting hazardous materials
  • •Revoked for a minimum of ten years for a second or third offense

Note: *Implied Consent means that any person who holds a CDL is considered to have agreed to such testing. Consent is implied by driving a motor vehicle.

Your operator/chauffeur license may also be suspended or revoked and points may be added to your driving record.

CMV Operator's Responsibilities: Notification Requirements

You must notify your employer in writing of:

Traffic Violations

(Other than a parking ticket) committed in any motor vehicle within 30 days of conviction

The notification must include:

  • • Your full name and signature
  • • Driver license number
  • • Date of conviction
  • • Specific violation(s) committed
  • • Whether the violation was in a CMV

Out-of-Service Orders

Any out-of-service order within twenty-four hours

Penalty Summary

Major Offenses

  • • 1st violation: 1 year (3 years hazmat)
  • • 2 violations: 10 years minimum
  • • Drug felony: Life revocation

Serious Violations

  • • 2 violations in 3 years: 60 days
  • • 3+ violations in 3 years: 120 days

Railroad Crossings

  • • 1st violation: 60 days
  • • 2 violations in 3 years: 120 days
  • • 3+ violations in 3 years: 1 year

Alcohol Violations

  • • 1st offense: 1 year (3 years hazmat)
  • • 2nd/3rd offense: 10 years minimum
  • • Out-of-service: 24 hours

Need Help with CDL Compliance?

Expert guidance on traffic violations and CDL requirements

Call (248) 478-8382

24175 Industrial Park Dr., Farmington Hills, MI 48335