Powers Law Firm PA Home
Your life. Your future.
Your lawyers.
CDL (Commercial Drivers License) DUI/DWI Consequences in North Carolina
THE MATERIALS CONTAINED HEREIN ARE INTENDED TO BE AN INFORMATIVE AND EDUCATIONAL LEGAL REFERENCE SOURCE FOR LAW STUDENTS, LEGAL PROFESSIONALS AND OTHERS INTERESTED IN LEARNING MORE ABOUT THE LAWS OF NORTH CAROLINA.
ONE WOULD BE WELL-SERVED TO UTILIZE THIS INFORMATION AS A STARTING POINT IN UNDERSTANDING THE OFTEN TIMES CONFUSING AND COMPLEX LEGAL SYSTEM IN NORTH CAROLINA. LAWS CHANGE, THEREFORE MAKE CERTAIN TO REVIEW THE STATUS OF AMENDMENTS. SEE LINK BELOW TO THE NORTH CAROLINA GENERAL ASSEMBLY WEBSITE.
§ 20-138.2. Impaired driving in commercial vehicle.
(a) Offense. – A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.04 or more.
(a2) In order to prove the gross vehicle weight rating of a vehicle as defined in G.S. 20-4.01(12e), the opinion of a person who observed the vehicle as to the weight, the testimony of the gross vehicle weight rating affixed to the vehicle, the registered or declared weight shown on the Division’s records pursuant to G.S. 20-26(b1), the gross vehicle weight rating as determined from the vehicle identification number, the listed gross weight publications from the manufacturer of the vehicle, or any other description or evidence shall be admissible.
(b) Defense Precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. – Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
(c) Pleading. – To charge a violation of this section, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges the defendant drove a commercial motor vehicle on a highway, street, or public vehicular area while subject to an impairing substance.
(d) Implied Consent Offense. – An offense under this section is an implied consent offense subject to the provisions of G.S. 20-16.2.
(e) Punishment. – The offense in this section is a misdemeanor and any defendant convicted under this section shall be sentenced under G.S. 20-179. This offense is not a lesser included offense of impaired driving under G.S. 20-138.1, and if a person is convicted under this section and of an offense involving impaired driving under G.S. 20-138.1 arising out of the same transaction, the aggregate punishment imposed by the Court may not exceed the maximum punishment applicable to the offense involving impaired driving under G.S. 20-138.1.
(f) Repealed by Session Laws 1991, c. 726, s. 19.
(g) Chemical Analysis Provisions. – The provisions of G.S. 20-139.1 shall apply to the offense of impaired driving in a commercial motor vehicle.
Frequently Asked QuestionsQ: What is the legal BAC limit for commercial drivers in North Carolina?
The legal BAC limit for commercial drivers in North Carolina is 0.04, stricter than the 0.08 limit for non-commercial drivers.
Q: Will my CDL be suspended if I'm convicted of a DWI in North Carolina?
Yes. A first-time DWI conviction in North Carolina results in a one-year disqualification of your Commercial Driver's License (CDL), regardless of whether the offense occurred in a commercial or personal vehicle. Additionally, if you're operating a commercial vehicle and either refuse a chemical test or have a Blood Alcohol Concentration (BAC) of 0.04% or higher, you face an immediate 30-day civil license revocation. This civil revocation triggers an automatic one-year CDL disqualification, even before any criminal conviction. If you were transporting hazardous materials at the time, the disqualification period increases to three years. Repeat offenses can lead to a lifetime disqualification of your CDL.
It's important to note that North Carolina does not offer limited driving privileges for commercial driving during a disqualification period. While you may be eligible for limited privileges for non-commercial driving, these do not extend to operating commercial vehicles. For detailed information, you can refer to the North Carolina General Statutes § 20-17.4.
Q: If I get a DWI in my personal vehicle, does it affect my CDL in North Carolina?
Yes. A DWI conviction in any vehicle, personal or commercial, results in CDL disqualification.
Q: Can I get a limited driving privilege for commercial purposes after a DWI conviction in NC?
No. North Carolina does not allow limited or restricted commercial driving privileges after a DWI conviction.
Q: Are the penalties for CDL holders more severe for subsequent DWIs in NC?
Yes. A second DWI conviction can result in a lifetime CDL disqualification, though reinstatement is possible after 10 years under certain circumstances.
Q: Do I need to tell my employer about a DWI arrest or conviction if I have a CDL in NC?
Yes. CDL holders must notify their employer within 30 days of any DWI conviction or license suspension.
Q: Are CDL Drivers Required to Notify Employers of a DWI in NC?
Yes. CDL holders in North Carolina are legally required to notify their employer within 30 days of any DWI conviction. Additionally, if your license is suspended, revoked, or canceled, or if you are disqualified from driving, you must inform your employer within two business days. It's important to note that these notification requirements apply regardless of whether the DWI occurred in a commercial or personal vehicle.
Q: Will Refusing a Breath Test Affect My CDL in North Carolina?
Yes. Refusing a breathalyzer or other chemical test in North Carolina results in an automatic one-year disqualification of your Commercial Driver's License (CDL), regardless of whether you were operating a commercial or personal vehicle at the time. This disqualification is separate from any criminal penalties and applies even if you are not convicted of DWI. Additionally, if you were transporting hazardous materials during the incident, the disqualification period increases to three years. Repeat refusals can lead to a lifetime CDL disqualification.
Q: Will a DWI conviction affect my CDL endorsements, like Hazmat, in North Carolina?
Yes. A DWI conviction can result in additional restrictions or loss of certain endorsements, including Hazmat.
Q: If I have an out-of-state CDL, can a North Carolina DWI conviction affect my license in my home state?
Yes. North Carolina is part of the Interstate Driver License Compact and will report the conviction to your home state, which may impose its own disqualification based on that information.
Q: Can my CDL privileges be reinstated after a disqualification period in North Carolina?
Yes, reinstatement is possible after completing the disqualification period, paying reinstatement fees, and fulfilling specific conditions set by the DMV. It's important to note that some disqualifications, such as lifetime disqualifications for certain offenses, may not be eligible for reinstatement. Additionally, the NCDMV may require additional documentation or impose further conditions based on the specifics of the disqualification.
Helpful Information About Criminal Charges
