February 14, 2025 Update: Under the most recent amendment to Code of Federal Regulations (CFR) Title 49, the Federal Motor Carrier Safety Administration (FMCSA) continues to regulate only commercial motor vehicles. This means that a DUI/DWI in a personal vehicle is not considered a violation of FMCSA regulations. However, 49 CFR 383.51 (Disqualification of Drivers) outlines multiple categories that can still lead to a CDL holder’s disqualification. It is crucial to stay informed and compliant with these federal rules.
Details on CFR Title 49 and Disqualifications
CFR Title 49 encompasses the federal regulations, covering a range of provisions that can affect commercial drivers. Although a DUI/DWI in your personal car may not be directly counted as a violation, understanding the complete scope of 49 CFR 383.51 is essential to prevent disqualification. These regulations can be accessed here:
49 CFR 383.51 Disqualification of Drivers.
Important Terminology: “Convicted of”
These regulations emphasize whether a driver is “convicted of” a DUI as a critical factor. You can find the definitions and guidelines for what constitutes a “non-conviction” in this FMCSA document:
FMCSA FAQs & Enforcement Policy.
Because the distinction between a conviction and a non-conviction can profoundly impact a CDL holder’s driving record and career, it extremely important for anyone charged with a DUI to work with a knowledgeable defense attorney who specializes in DUI cases.
About the Author
This article was written by Eileen Dewey, LCSW-C, a nationally qualified (Department of Transportation) Substance Abuse Professional (SAP) since 2010. She has administered hundreds of DOT Return to Duty plans. Since the FMCSA Clearinghouse began recording CDL violations in February 2022, she has successfully completed the SAP process with 178 drivers, helping them safely return to work. Mrs. Dewey also works with other industries, including the FAA and railroad sectors.
