Driver disqualification basics

A disqualified driver must not drive a CMV, and the motor carrier must not require or permit disqualified driving (49 CFR 391.15(a)).

Short answer

Loss of driving privileges

1. 1

   While privileges are withdrawn

   A driver is disqualified for as long as a licensing authority has revoked, suspended, withdrawn, or denied the operator’s license or permit. The driver must notify the employer by the end of the next business day after receiving notice of the action.

   49 CFR 391.15(b)

Criminal and serious traffic offenses

Paragraph (c) lists disqualifying offenses—including DUI at 0.04 or higher in a CMV, certain controlled substance offenses, leaving the scene, and felonies involving a CMV—when committed during on-duty time or commercial activity as the rule defines.

1. 1

   First offense duration

   Generally one year from conviction or bond forfeiture if no prior disqualifying offense occurred in the preceding three years. Certain possession-only offenses carry six months when that is the sole issue.

   49 CFR 391.15(c)(3)(i)
2. 2

   Subsequent offense duration

   Three years when a disqualifying offense occurred in the preceding three years.

   49 CFR 391.15(c)(3)(ii)

Out-of-service and mobile device violations

Out-of-service order violations carry 90 days to five years depending on repeat offenses and whether hazmat or passenger operations apply (49 CFR 391.15(d)). Repeated texting (§ 392.80) or hand-held mobile telephone (§ 392.82) convictions trigger 60- or 120-day disqualifications after second or third violations in three years (391.15(e)–(f)).

Tie-in to annual review

Each year the carrier must review the driving record and decide whether the driver still meets minimum safe-driving requirements or is disqualified (49 CFR 391.25(b)).

Sources

• 49 CFR 391.15 — Disqualification of drivers (eCFR text reviewed 2026-10-20)
• 49 CFR 391.25 — Annual review of driving record (eCFR text reviewed 2026-10-20)