Will I lose my Commercial Driver’s License (CDL) if I get arrested for DWI/DUI in Minnesota?
Minnesota law (Minn. Stat. § 171.165) disqualifies a person from operating commercial motor vehicles for a first-time conviction of driving under the influence or refusing a breath test. State (and federal) regulations mandate a one-year disqualification for a commercial driver’s license (CDL) for anyone facing a DWI/DUI conviction.
For a second DWI/DUI conviction, the state may disqualify the commercial driver for life. Any driver who successfully completes an appropriate rehabilitation program may have his or her CDL reinstated after 10 years.
If the State is revoking my CDL for a DWI, what are my rights in court?
Anyone facing a CDL revocation or lifetime disqualification has the right to an administrative review of the commissioner’s decision and an opportunity to present additional information with the hopes of convincing the commissioner to reconsider the decision to revoke a CDL.
Additionally, any person whose CDL has been disqualified may petition the district court for reinstatement. In a reinstatement proceeding, the district court conducts a trial to determine whether a driver is entitled to reinstatement. If we can show the disqualification was arbitrary, unreasonable, or not within the commissioner’s jurisdiction and powers, a district court judge has the discretion to reverse the CDL disqualification and reinstate CDL driving privileges.