CDL Defense Details
The Differences Between CDL Revocations, Suspensions and Disqualifications
Are you a CDL driver facing a revocation, suspension or disqualification of your driver license?
Texas driver licenses, including Commercial Driver Licenses, (“CDL”) are issued through the authority of The Texas Department of Public Safety (“TxDPS”). Along with the power to issue driver licenses is the power to revoke, suspend or disqualify them. There are numerous reasons why TxDPS may legally revoke, suspend or disqualify anyone’s driver license. But with a CDL holder, the number of reasons more than triples. The problem for CDL holders is compounded by the fact that if their driver license is revoked, suspended or disqualified, they can’t drive for pay. So, qualified legal representation is essential for any CDL holder facing a removal of their driving privileges.
There are 3 categories of how TxDPS can remove CDL driving privileges. Holders of Commercial Driver Licenses can be subjected to revocations, suspensions and/or disqualifications. The difference is that CDL’s can be disqualified and revoked for violations of “CDL statutes,” and can also be revoked and suspended for violations of non-CDL statutes that could cause a revocation or suspension of any non-CDL holder.
A revocation of a driver license means that driving privileges are withdrawn by TxDPS, subject to possible reinstatement if the driver license holder “cures” the problem that caused the revocation. A common CDL revocation is due to having an expired medical certificate. A CDL cannot be maintained without a current medical certificate. If a CDL driver does not possess a current medical certificate, TxDPS will revoke their driving privileges. However, the revocation can be “cured” by providing a current medical certificate to TxDPS. For a complete list of revocable violations, see the link below.
A “suspension” of a driver license means that driving privileges are removed for a specific time period, such as 60 days. After the expiration of the time period, the driver license is immediately eligible for reinstatement. Both CDL’s and non-CDL’s can be suspended. Additionally, with a suspension, the judge can “probate” the suspension, which allows the driver license holder to retain their driving privileges during the suspension period. For a complete list of suspendable violations, see the link below.
A CDL “disqualification” means that, like suspensions, driving privileges are removed for a specific time period and the driver license is immediately eligible for reinstatement upon expiration of the disqualification period. The difference with a suspension is that the judge can NOT “probate” the disqualification. With a suspension, the judge can “probate” the suspension, which allows the driver license holder to retain their driving privileges during the suspension period. But, the judge is prohibited from probating a disqualification. So a disqualification of a CDL license removes driving privileges for the disqualification period. For a complete list of disqualification violations, see the link below.
Occupational Driver License Is Not Much Help for CDL Drivers
During times of revocations, suspensions or disqualificaitons, CDL holders can apply for an Occupational Driver License, which is a temporary and restricted driver license. This type of driver license is available to CDL and non-CDL drivers. But, the name is a bit misleading. Although CDL holders can obtain an Occupational Driver License, it does not allow them to drive for pay, but rather, only for non-commercial purposes. So, it’s not a replacement for a CDL, but it does allow you to legally drive for personal or household reasons. See the link below for information about Occupational Driver Licenses.
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Hire the Law Office of Todd E. Tkach, P.C. to protect your CDL and your livelihood. Our attorneys are well qualified and vastly experienced with CDL holders accused of all types of traffic violations and for the revocation, suspension or disqualification hearings resulting therefrom. We’ve handled hundreds of thousands of CDL traffic citations, and hundreds of suspension hearings. We will accurately evaluate your case to effectively fight for a dismissal of the case. We attack every aspect of the charge, including the evidence, the procedural rules and the applicable substantive law. We have won many cases when our clients did exactly what they were accused of. Take positive action and call us today!
CDL Revocation, Suspension or Disqualification
In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see the pages linked below.
For information about defending your CDL Violations, also see Our CDL Violations Practice.