Can Traffic Violations Result in the Loss of a Wisconsin CDL?

 Posted on August 04, 2021 in DUI/OWI

While traffic tickets can be troublesome for any driver, they can be especially problematic for drivers of commercial vehicles. These drivers are required to complete additional training and pass a variety of tests to obtain a commercial driver’s license (CDL), and maintaining a valid CDL is necessary to be able to continue working in this profession. Because of this, commercial drivers will usually be looking to avoid any activities that could threaten their CDL and their livelihood. Drivers should be aware that certain traffic violations could lead to the disqualification of their CDL, meaning that they will be unable to drive a commercial vehicle while their license is disqualified.

Wisconsin Traffic Violations and CDL Disqualification

The most common violation that could lead to a CDL disqualification is drunk driving, which is referred to in Wisconsin as Operating While Intoxicated or OWI. Commercial drivers have a lower limit than other drivers for the legal blood alcohol concentration (BAC) that they can have while driving. If a driver has a BAC of .04 percent or higher when operating a commercial motor vehicle, they could not only face OWI charges, but they will also be subject to a one-year CDL disqualification. A three-year disqualification will apply in cases involving a HAZMAT violation in which a person was transporting hazardous materials.

Commercial drivers will also be subject to a one-year CDL disqualification if they are convicted of OWI while driving a non-commercial vehicle. A second OWI conviction in any vehicle will result in a lifetime CDL disqualification.

There are a number of other traffic violations that could result in a CDL disqualification. In many cases, a first offense will not result in a disqualification, but a second offense within three years will result in a 60-day disqualification, and a third offense within three years will result in a 120-day disqualification. These disqualifications will apply whether a violation was committed while driving a commercial or non-commercial vehicle. Violations that fall into this category include:

• Speeding 15 miles per hour over the speed limit or more

• Reckless driving

• Illegal passing

• Illegal lane changes

• Causing a fatal motor vehicle accident

• Texting or using a cell phone while driving

Drivers may also face a disqualification if they commit railroad-crossing violations while driving a commercial vehicle. These violations include the failure to slow down to ensure tracks are clear before crossing, failure to stop when tracks are not clear, or disobeying traffic signals at a railroad crossing. A first violation will result in a 60-day CDL disqualification, a second violation will result in a 120-day disqualification, and a third violation will result in a one-year disqualification.

Contact Our Jefferson County Traffic Violation Attorneys

If you are a commercial driver who has been charged with a traffic violation, you will want to determine how you can avoid a CDL disqualification. Bucher Law Group, LLC can provide you with legal representation, and we will work to ensure that you will be able to continue working in your chosen career. Contact our Ozaukee County CDL disqualification defense lawyers today by calling 262-303-4916 and scheduling a free consultation.

Sources:

https://wisconsindot.gov/Pages/dmv/com-drv-vehs/cdl-how-aply/disqualification.aspx

https://wisconsindot.gov/Documents/dmv/shared/cdl-disq.pdf