CDL Disqualifications in Virginia

CDL Disqualifications

Pursuant to Virginia Code § 46.2-341.18, convictions of certain offenses in Virginia will result in a disqualification of a driver's CDL. The Virginia Code groups these offenses into different categories based on the severity of the offense. The most serious category is the Major Violation category of offenses. The other category is the Serious Violation category (scroll down to see the serious violation category).

Major Violations

The following offenses are considered Major Violation category offenses:

  • Driving while disqualified
  • Driving a commercial motor vehicle while intoxicated, etc.
  • Maiming, etc., of another resulting from driving while intoxicated
  • Driving motor vehicle, engine, etc., while intoxicated, etc.
  • Refusal to submit to a breath and/or blood test while operating a commercial motor vehicle
  • Failure to stop and disclose ID after being involved in a motor vehicle accident
  • Committing a felony in which a commercial motor vehicle was used
  • Where the vehicle was used to manufacture/distribute a controlled substance
  • 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
  • 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
  • Refusal to submit to a breath and/or blood test while operating a motor vehicle
  • Failure to stop and disclose ID after being involved in a motor vehicle accident
  • Committing a felony in which a motor vehicle was used

CDL Disqualification for Major Violation Category Offenses While Operating a Commercial Vehicle

A first violation of any of the major violation category offenses while operating a Commercial Vehicle will result in a one (1) year disqualification.

If convicted of any of the above offenses while transporting hazardous materials there is a three (3) year disqualification period.

A second conviction of one of the above offenses results in a lifetime disqualification, provided that the offenses are separate incidents. Convictions of two (2) or more offenses that did arise out of the same incident results in a disqualification period for each offense that runs consecutively

The lifetime ban does not apply to two (2) violations of a violation of an out of service order, which is a five (5) year ban

There is also a lifetime ban for a conviction where the vehicle was used to manufacture/distribute a controlled substance.

Serious Violations

The following offenses are considered Serious Violation category offenses:

  1. Speeding 15 or more mph over the speed limit
  2. Reckless driving
  3. Improper or erratic lane change
  4. Following too closely
  5. Commission of offense relating to motor vehicle traffic control that results in a fatality
  6. Driving a commercial motor vehicle without first obtaining a CDL or a Commercial Learner's Permit
  7. Driving a commercial motor vehicle without a CDL in the driver's immediate possession
  8. Driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported
  9. Violation of an offense related to texting while driving, regardless of whether the offense was committed while operating a commercial motor vehicle
  10. Violation of an offense relating to operating a commercial motor vehicle while using of a handheld mobile telephone

CDL Disqualification for Serious Violation Category Offenses While Operating a Commercial Vehicle

If you were convicted of two of the Serious Violation category offenses within three years while driving a commercial vehicle your CDL will be disqualified for 60 days.

If you were convicted of three of the Serious Violation category offenses within three years while driving a commercial vehicle your CDL will be disqualified for 120 days.

CDL Disqualification for Serious Violation Category Offenses While Operating a Noncommercial Vehicle

If you were driving a non-commercial vehicle but were found guilty of offenses 1-5 above in the Serious Violation category more than once and one of the convictions resulted in a revocation, cancellation, or suspension of the driver's license or privilege to drive, your CDL will be disqualified for 60 days for two convictions within 3 years, or 120 days for three convictions within three years.

CDL Holders Not Eligible for Reduction or Dismissal of Charges Through Completion of Driving School

The Virginia Code specifically allows judge's to order driving school as a way to reduce, defer, or dismiss traffic violations. However, CDL holders are not eligible to attend driving school as a way to have his charge reduced or dismissed. See § 46.2-505.

Persons convicted of any offense while operating a commercial vehicle are not eligible, nor are CDL holders who were convicted of any offense who operating a noncommercial vehicle.

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