Transportation Code · §522.081

CDL

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 (with limited reinstatement under federal regs).

Q: 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 violating CMV-specific traffic laws causing fatality) result in:

60-day disqualification (90 days for additional offenses) Two serious traffic violations within 3 years: 60-day disqualification. Three within 3 years: 120-day disqualification.

CDL is covered under §522.081 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: 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.

Elements you must prove

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 (with limited reinstatement under federal regs).

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 violating CMV-specific traffic laws causing fatality) result in:

No CDL effect
60-day disqualification (90 days for additional offenses) 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.
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 lane change, following too closely, or violating CMV-specific traffic laws causing fatality. Two within 3 years: 60-day disqualification. Three within 3 years: 120-day disqualification.