What Happens to My CDL if I Get a WV DUI?

In order to transport cargo or passengers, these drivers must obtain a commercial driver’s license (CDL). Not only does a CDL enables drivers to operate commercial vehicles such as semi-trucks and buses, but it also enables them to have a career to support their families.

What Happens to My CDL if I Get a WV DUI?But what happens to a CDL in the event of a DUI in West Virginia? Unfortunately, the penalties are quite severe because these individuals are responsible for driving massive vehicles.

Keep in mind, a person operating a commercial vehicle can be charged with a DUI if their blood alcohol content (BAC) is at least .04 percent, instead of the legal limit of .08 percent that applies to regular motorists. Even if there is any measurable amount of alcohol in a commercial driver’s system, they will be issued an “out-of-service” notice that prohibits them from driving for the next 24 hours.

If a commercial driver is convicted of a DUI, their CDL will be revoked for up to one year. However, if a commercial driver was transporting hazardous materials at the time of the arrest, the revocation period lasts up to three years.

For a second or a subsequent offense, a CDL will be revoked for life. The driver may be eligible for reinstatement after ten years, based on certain conditions.

When it comes to criminal penalties, a first-time DUI in West Virginia is punishable by a jail term of up to six months, a maximum $500 fine, and driver’s license suspension for six months. If you were arrested while driving your personal vehicle, your CDL status could still be affected.

If you have been arrested for a DUI, you still have a chance to fight the charges against you and avoid the penalties you face. For more information, contact The Wagner Law Firm today at (304) 461-6000 to request a free case review.

Harley Wagner Avatar

Harley Wagner

Attorney Thomas M. Cooley School of Law, National College for DUI Defense, West Virginia State Bar

Harley has represented over 3,000 citizens throughout West Virginia. He is the author of West Virginia DUI Defense, The Law and Practice, which is the go to handbook for many magistrates, judges, defense attorneys, prosecutors, and law enforcement throughout West Virginia. has been selected for inclusion in West Virginia Super Lawyers® eight times.

He maintains an AV Preeminent® Rating by with Martindale-Hubbell®, an Avvo Rating of 10.0, and an excellent annual rating from the Better Business Bureau.

Harley is also the past president of the national DUI Defense Lawyers Association (2020-2021) which he was Charter Member and founder of in 2014

Areas of Expertise: DUI Defense, Aggravated DUI, Alternative Sentencing, Boating Under the Influence, Commercial License DUI, DMV Hearings, DUI Drugs, DUI with Injury, DUI Causing Death, Out-of-State Resident DUI, DUI Immigration Consequences, DUI with Minor in Vehicle, DUI Child Endangerment, Fleeing a DUI, Felony DUI, Permitting DUI, Underage DUI, Multiple DUI, First-Offense DUI, Second-Offense DUI, Third-Offense DUI, DUI Testing, Field Sobriety Tests, Breathalyzer, Blood Testing, DUI Info Center, College Student DUI, DUI Checkpoints, DUI Court Dates, DUI Deferral Program, Implied Consent, Test & Lock Program, FAQ, DUI Penalties, Administrative License Revocation, Ignition Interlock Device, License Suspension