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When can my Washington Commercial Driver's License (CDL) be suspended, revoked, cancelled, or otherwise affected by a Driving Under the Influence (DUI)?

5/20/2020

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Clients typically wonder what will happen to their CDL when they get charged with a DUI, even if the Driving Under the Influence case occurred when they were driving a personal car (in other words, they were NOT driving a commercial vehicle). Department of Licensing takes a two-step approach in attempt to revoke your commercial drivers license after you get charged with a DUI.

The following, as of 5/20/20, are possible reasons your CDL could be affected:
  • If your Washington driver license is suspended, revoked, canceled, or surrendered for any reason. This is very important, as you will almost always have the potential of your personal driver license being impacted after receiving a DUI.
  • Conviction in court for driving a motor vehicle under the influence of alcohol or drugs
  • Deferred prosecution (DUI conviction)
  • Driving a commercial motor vehicle with a blood alcohol content of 0.04 or more
  • Refusing to submit to a breath or blood test while driving any motor vehicle
  • Leaving the scene of an accident involving a motor vehicle
  • Using any motor vehicle in the commission of a felony
  • Driving a commercial motor vehicle with a suspended, revoked, canceled, or disqualified CDL
  • Causing a fatality through the negligent operation of a commercial motor vehicle (including but not limited to vehicular homicide or assault)
  • Committing 2 or more of the violations listed above, in separate incidents
  • Testing positive on the Department of Transportation test for drugs or alcohol
  • Driving a commercial vehicle while under an out-of-service order
  • Committing railroad-crossing violations while operating a commercial motor vehicle
  • Being reported as an imminent hazard by the Federal Motor Carrier Safety Administration
  • Committing 2 or more serious traffic offenses within 3 years, in separate incidents
  • Using any motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance

You need to make sure to update your mailing address with Department of Licensing immediately. They will send you notifications about your license via mail. License Express is an easy way to do that at https://www.dol.wa.gov/licenseexpress.html.

Even if you contest your CDL revocation after you are charged with a DUI, you still need to worry about the resolution of the case (e.g., a conviction for one of the above) also impacting your CDL. It is important to hire an attorney to assist you with this entire process, as it gets complicated very quickly.
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    Tony Swartz is an experienced lawyer in Washington State. He has handled, start to finish, over 10,000 criminal cases. He has also dealt with various types of civil cases, including administrative law hearings, Superior Court cases, District Court cases, and more. He also has advised clients in transactional matters spanning topics such as business law, nonprofit law, and property law.

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​PO Box 684
Ellensburg, WA 98926
Office: 422 N Pine, Ellensburg WA 98926


tony@ellensburglawyer.com
509-293-7593
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  • Practice Areas
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  • Contact
  • 509-293-7593