NCDMV CDL Handbook

Commercial Driver’s License Manual – 2005 CDL Testing System

• Your employer cannot knowingly permit you to drive a commercial motor vehicle if you have more than one license or if your CDL is suspended, revoked, or disqualified. A court of law may fine the employer $500 to $1,000 for breaking this law. • No individual may legally drive a Commercial Motor Vehicle after April 1, 1992, without a CDL. A court may fine you a minimum of $250 for a first offense and a minimum of $500 for any offense thereafter for breaking this law. • Anyone who holds a commercial driver license automatically agrees to chemical analysis. Consent is implied by driving a commercial motor vehicle on the streets and highways of North Carolina. A commercial driver will be suspended and CDL disqualified for one year if he/she willfully refuses a chemical analysis. • You will lose your CDL for at least 30 days based on an immediate civil revocation if you are driving a commercial motor vehicle and the test reveals an alcohol concentration of 0.04 percent or more. This suspension may be extended indefinitely until the driver satisfies any requirements the court imposes regarding the civil revocation. This immediate action is taken prior to the court trial for the related alcohol charge. • If your alcohol concentration is less than 0.04 percent but you have any detectable amount on your breath, you will immediately be placed out of service for twenty-four (24) hours. • Your CDL will be disqualified for 10 days if you are convicted of a first offense of driving a commercial motor vehicle after consuming alcohol or while alcohol remains in your body. Conviction of a second or third offense occurring within seven years will result in a one-year suspension and disqualification. You will be CDL disqualified for life and your privilege to drive suspended for one year upon your conviction of a fourth or subsequent offense occurring within seven years. • You will be CDL disqualified for one year for a civil revocation under G.S. 20-16.5 or a substantially similar revocation obtained in another jurisdiction, arising out of a charge that occurred while the person was either operating a commercial motor vehicle or while the person was holding a commercial driver license. • A conviction of a first offense of any of the following will affect your privilege to drive: - Driving while impaired (alcohol concentration of 0.08 %) by a CDL holder in any type of vehicle; one year suspension and disqualification. Driving while impaired (alcohol concentration 0.06 %) in a CMV; one year suspension and disqualification. Driving while impaired (alcohol concentration 0.04 or 0.05 %) in a CMV; one year disqualification. Leaving the scene of an accident involving a CMV you were driving; one year disqualification. - - - Using a CMV to commit a felony; one year disqualification. Vehicular manslaughter offense occurring while you were operating a CMV; one year suspension and disqualification. Driving a CMV during a period when your CDL is revoked, suspended, cancelled, or you are otherwise disqualified from operating a CMV; one year disqualification and depending on the charged offense, your privilege to drive may also be suspended. - • If the offense occurs while you are operating a CMV that is placarded for hazardous materials, you will be CDL disqualified for at least three years. You will be CDL disqualified for life for conviction of a second offense of any of the above mentioned violations. - -

Section 1 - Introduction

Page 1-21

Version: July 2017