Can i get a cdl drivers license, if i have two dui convictions?

Asked over 4 years ago - Saint Charles, IL

My first conviction is done and under court supervision. Still handling the second offense in courts now. Depending on plea bargain or go to trial. The bargain is to drop it to reckless and 3 driving suspension. Where as if we fight it and lose then a 5 year driving suspension and the second DUI conviction will be on my record. I'm in a electrical lineman apprenticeship and need a CDL. I'm just curious if it is possible to eventually get my CDL after my suspension is up. Thanks.

Attorney answers (2)

  1. Steven H. Fagan

    Pro

    Contributor Level 13

    Answered . It seems like you should sit down with your lawyer and clarify some things. You're mixing up your terminology, which makes it difficult to really answer your questions. If your prior offense was a successfully completed supervision, your second offense (which would then be your 1st conviction) would result in a one year revocation, not a five year suspension. There are fundamental and important differences between revocation and suspension. If your prior was within 5 years of your current DUI arrest, you face a 3 year suspension. Based on your suspension, you should have received a CDL cancellation, assuming you already had a CDL. A finding of guilty for DUI will also result in cancellation of a CDL. After the term of cancellation and after restoration of your regular driving privileges, you may be able to apply for a CDL, but check the status of the law at that time. A reckless driving is often an excellent option for a second offense if available (depending on the circumstances of your DUI). As I said earlier, your question reveals the need for further careful discussion with your attorney. Good luck.

  2. Ted Harvatin

    Pro

    Contributor Level 19

    Answered . The problem here is that even if you receive reckless driving and a 3-month statutory summary suspension, the statutory suspension will be reported to the Secretary of State. At that point, your CDL will be disqualified (DQ) for 12 months. After that, you will have to re-test but will be able to restore your CDL.

    Perhaps if your lawyer refers the State’s Attorney to the CDL consequences, he will agree to rescind the suspension. (Those are found at 625 ILCS 6-514 (a) (1,). If that happens, the Illinois Secretary of State will not disqualify the CDL just based upon the reckless conviction. However, if you have had any other “serious traffic violations” in the prior 3 years, your CDL will be subject to a DQ. Serious violations are:

    A) a conviction when operating a commercial motor vehicle, or when operating a non-CMV while holding a CDL, of:

    (i) a violation relating to excessive speeding, involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or

    (ii) a violation relating to reckless driving; or

    (iii) a violation of any State law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or

    (iv) a violation of Section 6-501 [625 ILCS 5/6-501], relating to having multiple driver's licenses; or

    (v) a violation of paragraph (a) of Section 6-507 [625 ILCS 5/6-507], relating to the requirement to have a valid CDL; or

    (vi) a violation relating to improper or erratic traffic lane changes; or

    (vii) a violation relating to following another vehicle too closely; or

    (B) any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.

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