COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN WEST VIRGINIA
CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your West Virginia commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in West Virginia or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges.
Major Offenses: Unless otherwise noted, the following offenses will result in CDL disqualification, whether the offense was committed in a commercial vehicle (CMV) or personal vehicle:
- Driving with a blood alcohol concentration (BAC) of 0.04% or higher.
- Breaking implied consent laws by refusing a breath or blood test.
- Leaving the scene of an accident.
- Using your vehicle to commit a felony.
- Causing a death through negligent operation.
- Operating a commercial vehicle when your CDL is disqualified, suspended, or revoked.
Major Offense Penalties:
- 1st violation: 1 year.
- Increased to 3 years if transporting hazardous materials.
- 2nd violation: Lifetime disqualification. Depending on the offense, your lifetime ban may be lifted after 10 years.
Serious Traffic Violations: Your West Virginia CDL can also be disqualified for serious violations, which include the following:
- Reckless driving.
- Excessive speeding.
- Making improper lane changes.
- Following too closely.
- Causing a fatal accident by violating any motor vehicle traffic control law (except parking violations).
- Operating a CMV without a valid CDL, a CDL on your person or the required CDL endorsements.
Serious Traffic Violation Penalties: Your CDL will be disqualified after your:
- 2nd violation within 3 years: for 60 days.
- 3rd violation within 3 years: for 120 days.
Railroad Crossing Violations: In West Virginia, your CDL can be disqualified for:
- Failing to slow down and check that the tracks are clear.
- Failing to stop when you’re required.
- Driving across the tracks when there’s not enough room for your commercial vehicle or insufficient undercarriage clearance.
- Failing to obey a traffic control device or enforcement official at the crossing.
Railroad Crossing Violation Penalties:
- 1st violation: Minimum of 60-day suspension.
- 2nd violation within 3 years: Minimum of 120-day suspension.
- 3rd violation and any additional violations within 3 years: Minimum of 1-year suspension.
Out-of-Service Violations: If you violate an out-of-service order, you are subject to the following disqualification terms:
- 1st violation: 180 days.
- 2nd violation in 10 years: 2 years.
- 3rd violation and additional violations (in 10 years): 3 years.
If you violate an out-of-service order while transporting hazardous materials, you are subject to the following disqualification terms:
- 1st violation: 180 days.
- 2nd violation and additional offenses in 10 years: 3 years.