CDL disqualification
In Michigan, MCL 257.625f provides that when a person who refused a chemical test was operating a commercial motor vehicle, and either does not request a hearing in time or requests one and does not prevail, the secretary of state suspends all vehicle group designations on the person's license or permit. For a repeat refusal in a separate incident within a stated period, the statute calls for revoking them instead.
In Michigan, Missouri, Montana, Nebraska and Pennsylvania, the sources described here address commercial driving privileges or license sanctions in specific ways. This page describes the statutes of the named states and PennDOT's driver manual.
How does Michigan treat commercial privileges after a test refusal?
In Michigan, MCL 257.625f provides that if a person who refused a chemical test was operating a commercial motor vehicle and does not request a hearing within the statutory period after notice, the secretary of state suspends all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle. For a repeat refusal in a separate incident within a stated period of a prior refusal, Michigan's statute calls for revoking those designations for at least a stated period and until the person is approved for a vehicle group designation.
In Michigan, MCL 257.625f imposes the same commercial sanction on a person who was operating a commercial motor vehicle, requested a hearing and did not prevail, and allows a petition for review in the circuit court of the county of arrest. Michigan's statute imposes both the ordinary and commercial sanctions when the person was operating a commercial motor vehicle and was arrested for an offense listed in a separate section, with certain exceptions.
How does Nebraska treat commercial vehicles under an interlock permit?
In Nebraska, Neb. Rev. Stat. § 60-498.02 requires a person operating a motor vehicle under an ignition interlock permit issued under that statute and its related sections to operate only a motor vehicle equipped with an ignition interlock device. Nebraska's statute also requires all such permits to indicate that the permit is not valid for the operation of any commercial motor vehicle.
What does PennDOT's driver manual say about disqualification?
In Pennsylvania, PennDOT's driver manual states that if a driving privilege is going to be suspended, revoked and/or disqualified, which the manual calls a sanction, a written notice will be mailed listing the date when the sanction will begin. In Pennsylvania, the manual says all such sanctions start on that effective date regardless of when a license or acknowledgment form is surrendered, and that all restoration requirements must be satisfied, in addition to serving the sanction, before the driving privilege is restored.
How do Missouri and Montana treat commercial motor vehicles in the offense itself?
In Missouri, Mo. Rev. Stat. § 577.012 defines the offense of driving with excessive blood alcohol content to include operating a vehicle at or above a stated blood-alcohol level, or operating a commercial motor vehicle at or above a separate stated level. Missouri's statute provides that the level may be shown by chemical analysis of blood, breath, saliva or urine, with testing conducted under separate sections of Missouri law.
In Montana, Mont. Code Ann. § 61-8-1002 includes among the grounds for driving under the influence driving or being in actual physical control of a commercial motor vehicle within the state at or above a stated alcohol concentration, as shown by analysis of blood, breath, oral fluid or other bodily substance. Montana's statute sets that commercial ground apart from the stated concentration for a noncommercial vehicle on the ways of the state open to the public.
The figures for your state
Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.
Common questions
What issues does a Michigan refusal hearing cover?
In Michigan, MCL 257.625f limits the hearing to whether the peace officer had reasonable grounds to believe the person committed a crime described in a separate section, whether the person was arrested for such a crime, whether a refusal of the officer's test request was reasonable, and whether the person was advised of rights described in a separate section.
Where is a PennDOT sanction appealed in Pennsylvania?
In Pennsylvania, PennDOT's driver manual says a sanction may be appealed in the Court of Common Pleas (Civil Division) in the driver's county of residence, with the appeal filed within a period counted from the mailing date of PennDOT's notice.
Sources
- MCL 257.625f (official source, opens in a new tab)MCL 257.625f - Effect of failure to request hearing; hearing procedure; notice; authority of
- Neb. Rev. Stat. § 60-498.02 (official source, opens in a new tab)Driving under influence of alcohol; revocation of operator's license; reinstatement; procedure; ignition interlock permit; restriction on operation of motor vehicle.
- PennDOT Driver’s Manual, Chapter 4: Pennsylvania’s Point System (official source, opens in a new tab)Pennsylvania's Point System
- Mo. Rev. Stat. § 577.012 (official source, opens in a new tab)Driving with excessive blood alcohol content — sentencing restrictions.
- Mont. Code Ann. § 61-8-1002 (official source, opens in a new tab)Driving Under Influence
These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.
Related
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