A DUI conviction can be a significant roadblock for aspiring truck drivers looking to get a CDL. The good news is if you only have one impaired driving offense on your record, it won’t permanently disqualify you from commercial driving – but there could be a significant disqualification period before you can get your CDL.
There are other things to think about, too, such as whether you’ll be able to haul loads internationally—especially to places like Canada, which we get into more below.
Can You Be A Truck Driver With a DUI?
It depends. If you have two or more DUI convictions on your record, the answer is almost certainly no. However, if you only have one impaired driving infraction on your record, you probably can, you’ll just need to take into account that there might be some additional obstacles along the way.
The two main parts of the journey to being a truck driver you need to think about are getting a commercial drivers license (CDL), and getting a job with a reputable employer. Both are explored in more detail below.
How a DUI Affects Your CDL
The effect that a DUI has on your ability to drive commercially is much the same whether you already have a CDL or are newly looking to get one.
Driving Suspension
If you are convicted of an impaired driving offense such as DUI, DWI, or OWI, you will usually be suspended from driving for a period of time-based on the state laws where the offense occurred.
This means you cannot drive a personal vehicle or commercial vehicle for any reason while the ban is in effect. It generally means that you will also not be able to complete the test required in order to obtain a CDL license. Most states require that an applicant have no active driver’s license suspension before sitting the CDL test.
CDL Disqualification
If you receive a DUI conviction while already in possession of a commercial driver’s license, you will be subject to a disqualification period:
- A first-time offense usually results in a one-year CDL disqualification
- If you were operating a commercial vehicle at the time of the offense, especially one carrying hazardous materials, the disqualification period will usually be three years
- If you are subsequently convicted of a second DUI or similar major offense, you will receive a lifetime disqualification.
Reinstatement Process
After your disqualification period has been served, you won’t automatically get your commercial license back. The process for having it reinstated will vary depending on local laws but usually involves:
- Completing a court-ordered alcohol education program or treatment program
- Paying all fines associated with the impaired driving conviction
- Retaking and passing a CDL test, including written and skills tests
- Providing evidence that you have completed the return-to-duty process, which involves being professionally evaluated and submitting to drug/alcohol testing
Crossing Borders After a DUI
International travel often comes with certain requirements in addition to the usual ones if you have a criminal record. Most countries require you to declare any previous convictions on arrival, and being dishonest at that stage could land you lengthy bans, so it’s important to be honest.
As a prospective trucker, these complications could further limit the jobs you can apply for and carry out successfully.
Entry Into Canada
Having a DUI on your record can significantly limit your options when it comes to international travel, and Canada is no exception. Even a minor criminal record could mean that you would be deemed criminally inadmissible and, therefore, unable to enter Canada.
Truck drivers showing up at a Port of Entry without their paperwork in order could be refused entry on this basis, and be subject to an even longer exclusion period than they otherwise would have.
Dogen Law is made up of experienced and licensed lawyers in both Canada and the United States. We guide people through the sometimes complex application processes involved in the routes to overcoming criminal inadmissibility before arriving in Canada:
- Temporary Resident Permit (TRP) – Grants entry into Canada for a specific event or time frame. The validity is usually much more limited than the alternatives, but it is the only option available if less than 5 years have passed since completing your sentence.
- Criminal Rehabilitation – If more than 5 years have passed since your DUI, this option can provide an applicant with a ‘clean slate’ and allow them to enter Canada indefinitely if granted.
- Deemed Rehabilitation – Those with minor crimes on their record can automatically be deemed rehabilitated and therefore become admissible to Canada after 5-10 years, but this no longer applies to impaired driving offenses, which are now considered serious crimes in Canada.
FAQs
Can you get a CDL with a DUI?
Yes, but it comes with additional obstacles. If you have a single DUI, you’ll have to wait until your driver’s license is no longer suspended, and you also have to wait between 1 and 3 years after you have been convicted before you can apply for a commercial driver’s license.
Bear in mind that it can be much harder to secure a driving job with a DUI on your record, even if you can obtain a CDL. Most trucking companies will be hesitant to hire someone with a recent DUI conviction because of the implications it would have for insurance costs. However, this does tend to get easier as more years pass since the offense.
If you have two or more DUIs on your record, it is very unlikely you will ever be able to obtain a commercial driver’s license. In some states, there is an exception if you were convicted before 2005, however.
Can you get a class A license with a DUI?
There is no difference between the different CDL classes when it comes to DUI convictions. The CDL disqualification period and the return-to-duty process are the same for all license classes.
How long do you have to wait to get a CDL after a DUI?
The minimum waiting period for a first offense in a personal vehicle is usually 1 year. If you were driving under the influence in a commercial motor vehicle, the disqualification period is usually longer—up to 3 years.
Being convicted of a second DUI usually results in a lifetime disqualification from holding a commercial driver’s license.
In every case, the waiting period will depend on the severity of the offense, which is determined by your blood alcohol concentration during the offense, the type of vehicle you were driving, and whether you were transporting hazardous materials.
Will companies hire someone with a previous DUI conviction?
If you have a DUI conviction that is less than three years old, it will probably be quite difficult to find employment as a commercial truck driver, but it’s not impossible.
The difficulty is usually the result of insurance companies charging much higher premiums to companies for drivers with a DUI conviction – making them a much less attractive prospect when it comes to hiring.
However, it does tend to become easier as time goes on. Many companies would be happy to consider applications from those with 5-7+ year-old DUIs on their driving record.
How Dogen Law Can Help
If you want to enter Canada as a truck driver but have past criminal convictions that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
