A DUI in Washington state is a serious offense, and the penalties for a conviction can be significant. For individuals who have a Commercial Driver’s License (CDL) or are considering obtaining one, the consequences can be even more severe. If you already have a CDL, a Washington DUI charge could jeopardize your status as a commercial driver. If you are considering applying for a CDL, a DUI charge could derail your eligibility and your future employment opportunities.

How to Obtain a Commercial Driver’s License in Washington State

Obtaining a CDL is an exciting milestone that can open up enjoyable and fulfilling employment possibilities. However, you must understand that commercial drivers are held to higher safety standards and must adhere to stricter regulations than non-commercial drivers.

The Federal Motor Carrier Safety Administration (FMCSA) has established training standards for individuals seeking a CDL. In Washington state, you must be at least 18 years old (21 to drive interstate or haul hazardous materials), possess a valid Washington driver’s license, and be a U.S. citizen or lawful permanent resident.

To apply for a CDL, you must pass a physical examination conducted by the Department of Transportation and complete an Entry-Level Driver Training (ELDT) program through a registered provider. You then become eligible for a Commercial Learner’s Permit (CLP) and must pass the knowledge and skills tests. Different requirements might apply if you are seeking an upgraded CDL, a Class A or Class B CDL, or an Endorsement for transporting hazardous materials, passengers, or operating a school bus.

Can You Get a CDL with a DUI?

A DUI charge can jeopardize your eligibility for a CDL. While it is possible to obtain a CDL with a DUI in Washington state, mandatory disqualification periods will apply.

Under Washington law, “a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if...the person has been convicted of a first violation...of”:

• Driving under the influence of alcohol or any drug
• Driving a commercial vehicle with an alcohol concentration of .04 or more or any measurable amount of THC
• Driving a non-commercial motor vehicle with an alcohol concentration of .08 or more, or a THC concentration of 5.00 ng per milliliter of whole blood or more

Individuals who have been charged with two or more DUIs face a lifetime CDL suspension and are not eligible for a CDL. However, you may be able to seek administrative review to appeal this decision.

Having a DUI conviction on your record does not automatically disqualify you from applying for a CDL, but you should take the following factors into account:

• If your driver’s license was suspended because of a DUI, you cannot apply for a CDL until your license has been reinstated.
• Many trucking companies have a zero-tolerance policy for DUI charges and may exclude candidates who have been charged with DUI in the last 3 to 10 years, or ever.
• Even after you obtain a CDL, your insurance rates may be higher, which might make it challenging to find a company that will insure you as a professional driver.

What Happens If You Have a CDL and Are Charged with DUI in Washington State?

Commercial drivers are held to stricter standards than regular drivers. These include a lower threshold to be charged with DUI (.04% as opposed to .08%) and more severe penalties if you are convicted, including mandatory one-year suspension of your CDL (three years if you were transporting hazardous materials).

If you have a CDL and were convicted of DUI, you face strict disqualification rules.

• A first-time DUI conviction carries a mandatory 1-year CDL disqualification (3 years if you were transporting hazardous materials).
• A second DUI conviction carries a lifetime disqualification without the possibility of reinstatement.

Importantly, these disqualification periods apply even if you were driving your personal vehicle when you were charged with DUI.

How a DUI Defense Attorney Can Help

For CDL holders, a DUI affects more than just your ability to drive. It puts your livelihood at stake. Most trucking companies require that drivers report a DUI charge, even if you were driving a personal vehicle. If you are a CDL holder and were charged with DUI in Washington state, or if you are considering applying for a CDL and were charged with a DUI, DUI defense attorney Justin Campbell can help.

Justin Campbell is the founder and managing attorney of the Campbell Law Firm, which he established in 2009. In addition to maintaining his legal practice, Justin previously served as an Island County Commissioner and currently serves as a Pro Tem Judge for Island County, Washington. He has been a fixture in Northwest Washington since 2009, and has developed strong relationships within the local legal community.

Contact the Campbell Law Firm Today

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