Chapter 9 - § 9.10 • COMMERCIAL DRIVER'S LICENSE ISSUES

• Jurisdiction: Colorado

§ 9.10 • COMMERCIAL DRIVER'S LICENSE ISSUES

Drivers of commercial vehicles must be issued a special driver's license. See C.R.S. §§ 42-2-401 through -409. Unlike regular driver's licenses, these commercial driver's licenses (CDLs) are essentially a creation of federal law, even though they are issued by the states. When a CDL holder has an alcohol-related offense while driving either a commercial motor vehicle (CMV) or a personal vehicle, there are serious consequences to the CDL. See 49 C.F.R. § 383.51; see also C.R.S. § 42-2-405(3)(a). A conviction for any such offense that occurred when operating any vehicle causes a one-year disqualification of the CDL for a first offense and a lifetime disqualification of the CDL for a second offense. 49 C.F.R. § 383.51. "Major" offenses for purposes of the CDL include DUI, DUI per se, and DWAI convictions, as well as refusal and per se administrative revocations.

Therefore, CDL holders with a first conviction for DUI/DWAI, DUI per se, or a first administrative revocation for excess BAC .08 or refusal will suffer a one-year disqualification of their CDL. 49 C.F.R. § 383.51. For any second such conviction or administrative action, there will be a lifetime revocation of the driver's CDL. Id. This is all in addition to the consequences to the driver's regular driving privilege. While there are consequences in a per se action to a CDL for driving a CMV with a BAC between .04 and .079, those per se consequences do not apply to adult CDL holders driving a non-CMV with those BACs. C.R.S. § 42-2-126(2)(c).

The federal statutes also direct the state not to "mask, defer imposition of judgment, or allow an...