Transportation Code · §522.081

CDL Disqualification

Q: A first-offense major CDL disqualifying offense (e.g., DWI in a CMV at 0.04+, refusing breath/blood, leaving the scene of an accident in a CMV, or using a CMV to commit a felony) results in disqualification of:

1 year (3 years if transporting hazardous materials) First major offense in a CMV results in 1-year disqualification (3 years if hazmat); a second major offense results in lifetime disqualification, though a State may reinstate after 10 years if the driver completes an approved rehabilitation program (49 CFR §383.51(a)). Using a CMV in a felony involving controlled-substance distribution or severe forms of human trafficking is a lifetime disqualification on the first offense, with no reinstatement.

CDL Disqualification (§522.081): key points and worked practice questions for Texas peace officer exam preparation.

Key points

Major offense list: BAC 0.04+ in CMV; refusal; leaving scene; using CMV in felony; etc.
1-year disqualification (3 years if hazmat)
Second major: lifetime disqualification

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Worked examples

Worked example 1

A first-offense major CDL disqualifying offense (e.g., DWI in a CMV at 0.04+, refusing breath/blood, leaving the scene of an accident in a CMV, or using a CMV to commit a felony) results in disqualification of:

30 days
1 year (3 years if transporting hazardous materials) Correct
Lifetime
5 years

Why: First major offense in a CMV results in 1-year disqualification (3 years if hazmat); a second major offense results in lifetime disqualification, though a State may reinstate after 10 years if the driver completes an approved rehabilitation program (49 CFR §383.51(a)). Using a CMV in a felony involving controlled-substance distribution or severe forms of human trafficking is a lifetime disqualification on the first offense, with no reinstatement.

Statute: Tex. Transp. Code §522.081; 49 CFR §383.51

Worked example 2

Two 'serious traffic violations' in a CMV within a 3-year period (e.g., excessive speeding 15+ mph over, reckless driving, improper lane changes, following too closely, or a traffic-control violation in connection with a fatal accident) result in:

No CDL effect
60-day disqualification (120 days for a third or subsequent violation within 3 years) Correct
Permanent revocation
Suspension only

Why: Two serious traffic violations within 3 years: 60-day disqualification. Three within 3 years: 120-day disqualification.

Statute: Tex. Transp. Code §522.081(d); 49 CFR §383.51(c)

Statutory definitions for this topic

Major CDL disqualifying offense Tex. Transp. Code §522.081; 49 CFR §383.51: First major offense (DWI in CMV at 0.04+, breath/blood refusal, leaving scene of accident in CMV, using CMV in felony, etc.) results in 1-year disqualification (3 years if hazmat). Second major: lifetime disqualification (reinstatement possible after 10 years with rehabilitation). Using a CMV in a felony involving controlled-substance distribution or severe human trafficking: lifetime disqualification on the first offense, with no reinstatement.
Serious traffic violation (CDL) Tex. Transp. Code §522.081(d); 49 CFR §383.51(c): Listed offenses including excessive speeding (15+ mph over), reckless driving, improper or erratic lane change, following too closely, a traffic-control violation in connection with a fatal accident, driving a CMV without a CDL or the proper class or endorsement, and texting or hand-held phone use while driving a CMV. Two within 3 years: 60-day disqualification. Three within 3 years: 120-day disqualification.