Will I Lose My CDL if I Get a DUI in Virginia?

 Posted on November 20, 2025 in Commercial DUI

Being charged for driving under the influence (DUI) can have even more severe consequences when you have a commercial driver’s license (CDL). If you drive for a living, a single mistake can threaten your livelihood. However, a charge is not a conviction. Our Herndon, VA DUI defense lawyers can explain the potential penalties and help you build a strong defense for you.

Are DUI Laws Different for CDL Holders in Virginia?

When it comes to DUIs, the rules for CDL holders are much stricter than for drivers with a standard license. Under Virginia Code § 46.2-341.24, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.04 percent or higher while driving a commercial vehicle. That is half the legal limit for non-commercial drivers.

Even if you were driving your personal vehicle at the time of the arrest, a DUI conviction can still affect your CDL. Both state law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) require the Department of Motor Vehicles (DMV) to disqualify a CDL after certain violations.

What Happens to Your CDL After a DUI Arrest in Virginia?

If a commercial driver is charged with DUI in Virginia, both criminal and administrative consequences may follow. Even before the court reaches a decision, the driver’s CDL can be temporarily disqualified. That means they may not be able to operate a commercial vehicle while the case is pending, and therefore, they may be unable to work and earn their living. This administrative disqualification is separate from the criminal case and is handled through the Virginia DMV.

If a conviction occurs, the penalties become more severe. A first DUI offense typically results in a one-year CDL disqualification. A second offense can lead to a lifetime disqualification. In some cases, reinstatement may be possible after ten years, provided certain conditions are met. Refusing a breath or blood test can also trigger an automatic one-year disqualification, even without a conviction.

These rules apply whether the driver was operating a commercial vehicle, a company car, or a personal vehicle at the time of the incident. For many professional drivers, a CDL suspension can have a significant impact on their employment and future opportunities.

Can You Get a Restricted CDL After a DUI in Virginia?

Under Virginia law, once a CDL is disqualified, restricted privileges to operate a commercial vehicle are not available. A driver may qualify for a restricted non-commercial license, but that authorization is limited to specific purposes. For example, it typically allows traveling to work, attending court, or keeping medical appointments.

What Defenses Can Help Protect Your CDL After a DUI Arrest?

Each DUI case has unique facts and circumstances. Without knowing the details of your case, some possible approaches to a defense can include:

• The officer did not have reasonable suspicion to initiate the traffic stop.

• The breath or blood test was administered or processed improperly, leading to unreliable results.

• The field sobriety tests were not conducted according to standard procedures.

• The breathalyzer device was not properly calibrated or maintained, which may have affected accuracy.

• Your constitutional rights were violated during the stop, testing, or arrest process.

If any part of the process was flawed, your attorney can challenge the evidence and potentially get the charge reduced or dismissed.

Contact a Vienna, VA Commercial Vehicle DUI Defense Attorney Today

At Arrested for a DUI, LLC, our Herndon, VA DUI defense lawyers have more than 30 years of combined experience protecting the rights of drivers across Northern Virginia. We understand how serious a commercial DUI charge is. We will do everything we can to protect your livelihood.

Our team is proud to advocate for the Hispanic community in this area. We provide legal guidance and commentary on issues affecting Latin Americans and immigrants. If you have been charged with a DUI or face CDL disqualification, contact our office at 301-479-5466 today for a free consultation. Se habla Español.