What to Do When a Serious Charge Affects Your CDL in North Carolina

Your Commercial Driver’s License (CDL) represents your career and how you support yourself and your loved ones. Traffic tickets and other offenses can put your career in jeopardy, even when they are minor infractions. You should know what to do when a serious charge affects your CDL in North Carolina to better protect your employment and your future.

A abogado de infracciones de tráfico from our law firm is here to answer all of your questions if you are facing charges that affect your CDL.

The Standards for CDL Drivers

Commercial drivers are held to higher standards compared to others on roads like I-95 in North Carolina. There were 2,569 crashes involving single-unit commercial trucks and 6,057 crashes involving tractor-trailer commercial trucks in the state in 2023.

All types of commercial vehicle crashes resulted in 1,565 fatal crashes that year. The size and weight of most commercial trucks make them more dangerous in a collision. A commercial driver’s higher standard of care exists because of this higher risk of injury and harm.

• Impaired driving. In North Carolina, commercial drivers have a lower legal limit for alcohol and can be arrested for driving while impaired (DWI) for a blood alcohol concentration of 0.04% or higher.
• License points. Commercial drivers also get more points on their licenses than other drivers do for the same offenses. Running through a stop sign is three points on most driver’s licenses, but it is four points on a commercial driver’s license.
• Reporting requirements. When you are a commercially licensed driver, you are also required to report traffic convictions to your employer en un plazo de 30 días. This doesn’t apply to parking violations but applies to many other traffic offenses.

Violations and errors on the road can lead to fines, license suspension, and long-term effects on your career.

What Offenses Can Impact Your CDL in North Carolina?

Whether you already have a CDL or want to apply for one, many offenses can temporarily or permanently prevent you from operating a commercial vehicle. Some of those include:

• DWI. Conviction of a DWI can lead to suspension of your license for one year, and repeat offenses can lead to a lifetime suspension. According to the Federal Motor Carrier Safety Administration, there were 12 commercial truck crashes that involved an impaired commercial vehicle driver from 2020 to 2024 in North Carolina.
• Chemical test refusal. Even if you are not convicted of a DWI, you could lose your CDL for one year if you refuse to take a blood or breath chemical test after an arrest for a suspected DWI. A repeat offense can lead to life suspension.
• Other vehicle-related offenses. Serious offenses like a hit-and-run, vehicular manslaughter, or using a commercial vehicle to commit a criminal offense can lead to the suspension of your license.
• Points accumulation. Offenses and violations like speeding, driving past stop signs, and reckless driving lead to points on your license. When any driver accumulates 12 points on their license, the license is automatically suspended. There may be other consequences before this 12-point threshold, such as short-term suspension for certain offenses.

You could protect your license by challenging these charges or by completing the required suspension.

What Can You Do to Protect Your CDL?

It’s important to act quickly if you are charged with a driving offense. There are options to build a defense against the violation or charge before it affects you.

Even when points on your license don’t lead to immediate consequences, it is still important to challenge them and minimize their impact on your life. Accumulating points can happen much more quickly when you have a CDL, and you may be able to take steps to remove these points and prevent future issues. This may include the state’s Driver Improvement Clinics.

If your offenses led to immediate suspension or other serious administrative action, you may need to work against the offense in criminal court, in a North Carolina Department of Motor Vehicles (NCDMV) hearing, or both. If your license has already been suspended, you could contest the suspension through the NCDMV hearing. A defense in a criminal trial can also help reinstate your license.

Preguntas frecuentes

Can I Get a CDL With a Reckless Driving Charge?

It may be possible to get a CDL with a reckless driving charge, although it depends on your specific situation. Reckless driving leads to disqualification for a limited period, usually 60 to 120 days, for more than one offense. However, a conviction for reckless driving can still impact your ability to get a CDL even if this period of time has passed. It will be viewable on your criminal record in employment background checks.

How Long Does a Reckless Driving Charge Stay on Your Record in North Carolina?

A reckless driving charge stays on your criminal record permanently in North Carolina and stays on your driving record for three years. A reckless driving charge is a misdemeanor and is permanently on your criminal record after a conviction unless you take steps to remove the charge. On a driving record, a reckless driving offense is four points for most drivers but five points for a commercially licensed driver.

Can a Felon Get a CDL in North Carolina?

It may be possible for a felon to get a CDL in North Carolina. Any criminal conviction is listed on a person’s criminal record, which is viewed in a background check for a CDL. In North Carolina, certain offenses disqualify you from securing a CDL for a limited period of time. Other offenses disqualify you from getting a CDL for life. Both these limitations generally include offenses that are serious traffic violations.

Can You Lose Your CDL for an Assault Charge?

An assault charge can impact your commercial driving, although it does not usually directly lead to the loss of a CDL. A charge for vehicular assault, homicide, or manslaughter would lead to the suspension of a CDL under most state laws. Non-vehicle-related criminal charges, however, will still have collateral consequences on your employment. Avoiding conviction is an important part of protecting your career.

Hire a Traffic Violation Lawyer and Criminal Defense Attorney Today

The most effective way to protect your CDL is to hire a traffic violation lawyer. Whether you are facing a traffic ticket or a serious DWI offense, a skilled traffic violation and criminal defense attorney is crucial to protect your future and potentially save your license. At Christina Rivenbark & Associates, we have 35 years of legal experience. Reach out to our team in North Carolina today.