What felonies disqualify you from getting a cdl in texas

People from all walks of life can find stable jobs in the trucking industry. However, if you have been convicted of a felony, getting a commercial driver’s license (CDL) and choosing to be a truck driver can be much harder.

Can you get a CDL with a felony?

The short answer is that it depends. The Federal Motor Carrier Safety Administration (FMCSA) doesn’t exclude a driver convicted of a felony from operating a commercial motor vehicle (CMV), but there are exceptions.

Whether or not a felon qualifies for a commercial driver’s license relies on the state of residence. Each state has its own rules on CDLs that can disqualify you from eligibility.

What felonies disqualify you from getting a CDL?

For the most part, felonies involving a motor vehicle will prevent you from becoming a CDL driver Here are a few examples:

  • Using a commercial vehicle in the commission of a felony
  • First- or second-degree manslaughter with a motor vehicle
  • Misconduct involving a motor vehicle
  • Causing a fatality because of careless or reckless driving

Other non-vehicular felonies that could disqualify you include:

  • Extortion
  • Bribery
  • Smuggling
  • Arson
  • Treason
  • Assault with intent to murder

Can you get a CDL if you have a DUI?

DUIs are something to consider. Federal law states that you are disqualified from driving a CMV if are caught operating a vehicle with a BAC of .08% or higher. However, if you have had a DUI but currently hold a valid driver’s license, you can qualify for a CDL.

There is no mandatory waiting period to apply. Still, if you had a CDL at the time of your DUI, depending on the state where you live, you must wait a minimum of one to three years before reapplying. Also, you cannot get a CDL if your license is currently suspended because of a DUI.

Can I get a job with a felony?

Getting a CDL license with a felony or DUI is one thing; getting a job as a trucker is another.

Some trucking companies hire convicted felons, but not all. That’s particularly true if you have a DUI on your record that’s less than three years old.

How many felonies you have had is something else to think about. A person with one felony has a better chance of being hired than a repeat felon.

The felony’s age could also have an effect. Some driving schools and carriers will only take you if the felony is at least five years old (and some 10-15 years old). Also, most companies will want to know the type of felony, the number of convictions, and how much time has passed since your conviction.

There are many pros and cons of truck driving, and a felony only adds to the negatives.

However, the good news is that your record doesn’t have to be spotless. If you decide to pursue a truck driving career, keep this advice in mind:

Always be honest

Be up-front in your application. The CDL training school and the carrier will find out about your felony conviction and/or DUI when they request your driving record and do a background check.

Check with your state or local DMV

Don’t let your past determine your future. Check with your state or local DMV to decide whether you qualify to get a CDL.

Meet with a driving school advisor

If choosing to be a truck driver is a decision you want to make, contact The CDL School. One of our friendly advisors can help you enroll in classes and start working toward your CDL today.

No employer shall knowingly allow, require, permit, or authorize a disqualified driver to drive a CMV. Disqualifying offenses include:

  • Driving a CMV while under the influence of alcohol.
  • Driving a CMV while under the influence of a disqualifying drug or other controlled substance.
  • Leaving the scene of an accident that involves a CMV.
  • Using a CMV to commit a felony.
  • Two serious traffic violations occurring within a three-year period.
  • Violations of law that regulates the operation of a motor vehicle at a railroad grade crossing
  • Driving a CMV while the person's alcohol concentration was 0.04% or more.
  • Refusing to submit to a test to determine the person's alcohol concentration or the presence in the person's body of a controlled substance.
  • Causing the death of another person through the negligent or criminal operation of a CMV.
  • Driving a CMV while the person's CDL is revoked, suspended, canceled or disqualified, for an action or conduct that occurred while operating a CMV.
What felonies disqualify you from getting a cdl in texas
Graphical Representation of Part 383.51
If a driver operates a motor vehicle and is convicted of:For a first conviction or refusal to be tested while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV forFor a first conviction or refusal to be tested while operating a non-CMV, a CDL holder must be disqualified from operating a CMV forFor a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F), a person required to have a CDL and CDL holder must be disqualified from operating a CMV forFor a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV forFor a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for
(1) Being under the influence of alcohol as prescribed by State law.1 Year 1 Year 3 Years Life Life
(2) Being under the influence of a controlled substance.1 Year 1 Year 3 Years Life Life
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV.1 Year Not Applicable 3 Years Life Not Applicable
(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in ¤ 383.72 of this part.1 Year 1 Year 3 Years Life Life
(5) Leaving the scene of an accident.1 Year 1 Year 3 Years Life Life
(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table.1 Year 1 Year 3 Years Life Life
(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV.1 Year Not Applicable 3 Years Life Not Applicable
(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.1 Year Not Applicable 3 Years Life Not Applicable
(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement Life - Not eligible for 10 - year reinstatement
Interim Disqualifying Offenses

These crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military. A driver will be disqualified from holding a hazardous materials endorsement if he or she was convicted* or found not guilty by reason of insanity within the last seven years or was released from prison within the last five years for any of the following crimes:

  • Assault with intent to murder
  • Kidnapping or hostage taking
  • Rape or aggravated sexual abuse
  • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon
  • Extortion
  • Dishonesty, fraud, or misrepresentation, including identity fraud
  • Bribery
  • Smuggling
  • Immigration violations
  • Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or a comparable state law of an Interim Disqualifying crime
  • Robbery
  • Distributions of, possession with intent to distribute, or importation of a controlled substance (State laws vary on the quantity of marijuana required for the offense to be considered a felony. Typically, however, to be convicted of felony marijuana possession, a person must possess a quantity of marijuana greater than an amount considered for "personal use").
  • Arson
  • Conspiracy or attempt to commit any of these crimes
Permanently Disqualifying Criminal Offenses

A driver will be permanently disqualified from holding a hazardous materials endorsement on a CDL if he or she was ever convicted or found not guilty by reason of insanity of any of the following crimes:

  • Espionage
  • Sedition
  • Treason
  • Any crime listed in 18 U.S.C. Chapter 113B Ð Terrorism or a comparable state law
  • A crime involving a severe transportation security incident (i.e, security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
  • Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law (minor infractions involving transportation of hazardous materials will not disqualify a driver. For instance, no driver will be disqualified for minor roadside infractions or placarding violations.)
  • Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
  • Murder as defined in 18 U.S.C. 1111
  • Conspiracy or attempt to commit any of these crimes
  • Violations of RICO (Racketeer Influence and Corrupt Organizations) Act or a comparable state law of one of these Permanently Disqualifying crimes

What felonies disqualify you from getting a cdl in texas

What felonies disqualify you from getting a cdl in texas

What felonies disqualify you from getting a cdl in texas

What felonies disqualify you from getting a cdl in texas

What felonies disqualify you from getting a cdl in texas

What will disqualify you from getting a CDL in Texas?

Refusing to take an alcohol test as required under implied consent law or regulations. Leaving the scene of an accident. Using a vehicle to commit a felony other than a felony involving manufacturing, distributing, or dispensing a controlled substance.

Can you have a felony and get a CDL in Texas?

If you have a felony that is not related to using a commercial vehicle to commit any part of the felony, you should generally not have an issue with getting your CDL, even if you have a felony on your record.

What disqualifies you from being a trucker?

The types of felonies which typically will automatically prohibit you from being able to earn your CDL include: Using a commercial vehicle in the commission of a felony. Manslaughter in the first or second degree with a motor vehicle. Misconduct with a motor vehicle.

How long is CDL disqualified for first conviction in Texas?

A first conviction means a one-year suspension, a three year suspension with a hazardous materials vehicle, and a lifetime disqualification for the second conviction. Serious traffic offenses - If you are convicted of two serious traffic offenses within three years, your CDL will be suspended for 60 days.