CDL Defense Details

Causes of CDL Revocations, Suspensions and Disqualifications

There are certain types of offenses that can cause The Texas Department of Public Safety ("DPS") to seek a CDL suspension, disqualification, or revocation.

Before discussing what offenses will garner a suspension, disqualification, or revocation, it’s important to understand the difference between them and the basic court procedure the State will undertake against a driver. The Texas Department of Public Safety (“DPS”) must first send a letter informing a CDL driver that they are attempting to disqualify them. The driver then has 20 days from the date of the letter to request a hearing. At the hearing, the judge will make an “Affirmative Finding” or a “Negative Finding.” With a Negative Finding, the driver wins and is not suspended, disqualified or revoked. With an Affirmative Finding, the driver loses, and the judge may impose punishment.

A commercial driver license can be revoked, suspended and/or disqualified. The difference is that CDL’s can be revoked and suspended for violations that would cause a revocation or suspension of a non-CDL holder. In addition, CDL holders can be “disqualified” for violations of the CDL disqualification statutes.

With a revocation a driver license holder may be able to immediately reinstate their driver license by “curing” the problem that caused the revocation, such as obtaining a current medical certificate. Both CDL’s and non-CDL’s can be revoked.

Causes for CDL Revocation, Suspension or Disqualification

A “suspension” occurs for the reasons set forth below. What is unique about suspensions is that the judge presiding over the suspension hearing can “probate” an Affirmative Finding, even for a CDL holder. That means that the suspension is not imposed as long as the driver does not receive any additional citations during the probation period. Both CDL’s and non-CDL’s can be suspended.

A CDL “disqualification” occurs for the reasons set forth below and the judge presiding over the disqualification hearing can NOT probate an Affirmative Finding. An Affirmative Finding results in a disqualification.

CDL Revocations

The Texas Transportation Code sets forth 5 actions that will cause Tx DPS to seek a revocation of a person’s CDL. A revocation occurs if the court determines that the CDL holder:

  1. is incapable of safely operating a motor vehicle;
  2. has not complied with the terms of a citation issued by a jurisdiction that is a party to the Nonresident Violator Compact of 1977 for a traffic violation to which that compact applies;
  3. has failed to provide medical records or has failed to undergo medical or other examinations as required by a panel of the medical advisory board;
  4. has failed to pass an examination required by the director under this chapter; or
  5. has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for revocation.

Again, revocations may be able to be cured, depending on the reason for the revocation.

CDL Suspensions

The Texas Transportation Code provides the statutory authority for TxDPS to seek a suspension of a CDL if it determines that the CDL holder:

  1. has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied;
  2. is a habitually reckless or negligent operator of a motor vehicle;
  3. is a habitual violator of the traffic laws (i.e. 4 convictions within 12 months or 7 convictions within 24 months);
  4. has permitted the unlawful or fraudulent use of the person's license;
  5. has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension;
  6. has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license;
  7. has been responsible as a driver for any accident resulting in serious personal injury or serious property damage;
  8. is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period; or
  9. has committed an offense under Section 545.421 (fleeing or attempting to elude a police officer).

Again, after a suspension hearing, if the judge makes an Affirmative Finding, the judge may “probate” the sentence.

CDL Disqualifications

According to the Texas Transportation Code, CDL “disqualifications” are grouped by the length of time for the disqualification. There are 5 different disqualification time frames, including 60 days, 120 days, 1 year, 3 years and Lifetime. It’s important to understand that these statutes apply to ALL convictions, whether the traffic violation occurred while driving a commercial vehicle or a personal vehicle.

60-Day CDL Disqualifications

A CDL holder is punished with a 60-day disqualification for:

  1. Convictions of two “serious” traffic violations within a three-year period; or
  2. Conviction of one violation of a law regarding operating a motor vehicle at a railroad crossing.

A “serious” violation is a conviction for:

  1. speeding 15 miles per hour or more above the posted speed limit;
  2. reckless driving, as defined by state or local law;
  3. a violation of a state or local traffic control law, arising in connection with a fatal accident;
  4. improper or erratic traffic lane change;
  5. following the vehicle ahead too closely;
  6. Not having a valid commercial driver license for the class of vehicle being driven;
  7. Driving a commercial vehicle without a proper endorsement; or
  8. Residing in another state and failing to hold a CDL from that state.

Excluded from the definition of “serious” violations are parking, vehicle weight, and vehicle defect violations.

120-Day CDL Disqualifications

A CDL holder is punished with a 120-day disqualification for:

  1. Convictions of three “serious” traffic violations within a three-year period; or
  2. Convictions of two violations within three years of a law regarding operating a motor vehicle at a railroad crossing.

1-Year CDL Disqualifications

            A CDL holder is punished with a 1-Year disqualification for:

  1. Convictions of three violations within three years of a law regarding operating a motor vehicle at a railroad crossing;
  2. One conviction of any of the following:
    1. Driving a vehicle under the influence of alcohol or a controlled substance, including violations of the state DWI law;
    2. Leaving the scene of an accident;
    3. Using a motor vehicle in the commission of a felony;
    4. Causing the death of a person from the negligent or criminal operation of a motor vehicle;
    5. Driving a commercial vehicle with a suspended, revoked or canceled CDL or CDL permit;
    6. Driving a commercial vehicle while disqualified to drive commercially, if the disqualification was for conduct that occurred while operating a commercial vehicle;
    7. Refusing a breath of blood test while operating a motor vehicle in a public place;
    8. Driving a commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.04 or more;
    9. Driving a commercial vehicle with the presence of a controlled substance in the person’s body;
    10. Driving a non-commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or more

3-Year CDL Disqualifications

            A CDL holder is punished with a 3-Year disqualification for:

One Conviction of any of the following, if the vehicle being driven was transporting hazardous material:

  1. Driving a vehicle under the influence of alcohol or a controlled substance, including violations of the state DWI law;
  2. Leaving the scene of an accident;
  3. Using a motor vehicle in the commission of a felony;
  4. Causing the death of a person from the negligent or criminal operation of a motor vehicle;
  5. Driving a commercial vehicle with a suspended, revoked or canceled CDL or CDL permit;
  6. Driving a commercial vehicle while disqualified to drive commercially, if the disqualification was for conduct that occurred while operating a commercial vehicle;
  7. Refusing a breath or blood test while operating a motor vehicle in a public place;
  8. Driving a commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.04 or more;
  9. Driving a commercial vehicle with the presence of a controlled substance in the person’s body;
  10. Driving a non-commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or more.

Lifetime CDL Disqualifications

            A CDL holder is punished with a Lifetime disqualification for:

Convictions of two or more or a combination of two or more of the following, from separate incidents:

Using a motor vehicle in the commission of a felony involving either intent or possession with intent to manufacture, distribute, or dispense a controlled substance;

Convictions for any combination of two or more of the following, arising from two or more separate incidents:

  1. Conviction for an offense described by 1 above;
  2. Refusing a breath or blood test while operating a motor vehicle in a public place;
  3. Driving a commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.04 or more, or with the presence of a controlled substance in the person’s body; or
  4. Driving a non-commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or more;
  5. Using a motor vehicle to transport, conceal or harbor an alien

If you are facing a CDL revocation, suspension or disqualification, you should immediately call the Law Office of Todd E. Tkach, P.C. to protect your CDL and your livelihood. Our attorneys are well qualified and vastly experienced with CDL holders accused of all types of traffic violations and for the revocation, suspension or disqualification hearings resulting therefrom. We’ve handled hundreds of thousands of CDL traffic citations, and hundreds of suspension and disqualification hearings. We will accurately evaluate your case to effectively fight for a dismissal of the attempted revocation, suspension or disqualification. We attack every aspect of the charge, including the evidence, the procedural rules and the applicable substantive law. We have won many cases when our clients did exactly what they were accused of. Our strategies have proven successful in the overwhelming majority of our cases. Let us put those strategies to work for you! Take positive action and call us today!

CDL Revocation, Suspension or Disqualification

In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see the pages linked below.

For information about defending your CDL Violations, also see Our CDL Violations Practice.

The Differences Between CDL Revocations, Suspensions and Disqualifications

Serve Almost All Courts In Texas

CDL Revocation, Suspension and Disqualification Procedures and Possible Punishments

Why You Need a CDL Defense Attorney

Causes of CDL Revocation, Suspension or Disqualification Procedures

Texas Point System and CDL Revocation, Suspension or Disqualification

Dangerous Myths About Suspensions and Disqualifications

CDL Drivers: Don’t Let Them Take Away Your Livelihood!