Can You Get a CDL with a DUI in Illinois?

If you’re interested in a career in commercial driving and you get a conviction for driving under the influence (DUI), you might wonder if that door is now permanently closed.

Our Chicagoland DUI attorneys explain whether you can get a commercial driver’s license (CDL) with a DUI. The short answer is yes, but it can make the process harder, and your options may be limited.

That’s why it’s important to speak with an attorney if you’re facing DUI charges in Illinois. How you handle your DUI and the outcome can affect the challenges you might face getting your commercial driver’s license. We’ve helped thousands of Illinois drivers understand their options after being charged with driving under the influence, including those who need to maintain or want to obtain commercial driving privileges.

CDL Requirements in Illinois

Most Illinois drivers hold a D license. This is a standard, non-commercial driver's license, that permits motorists to drive any passenger vehicle weighing 16 thousand pounds or less, including cars, SUVs, and pickup trucks.

But commercial drivers might need to drive much heavier trucks for transporting large loads. Operating these vehicles requires a specific class of commercial license based on the truck’s Gross Vehicle Weight Rating (GVWR (the maximum safe weight of the vehicle itself) and Gross Combined Weight Rating (GCWR) the maximum safe weight of a tow vehicle and trailer combined). The CDL license classes are as follows:

• Class A: A combination of vehicles with a GCWR of 26,001 or more pounds (providing the GVWR of the vehicle being towed is 10 thousands pounds or heavier).
• Class B: A single vehicle with a GVWR of 26,001 or more pounds, or any vehicle towing another weighing 10 thousands pounds or less.
• Class C: A single vehicle with a GVWR of between 16,001 and 26,001 pounds.

Illinois also requires a CDL for operating vehicles designed to transport 16 or more passengers, or any vehicle transporting hazardous materials, regardless of its size.

When determining if a driver is eligible for a CDL, Illinois, like all states, follows federal guidelines set by the Federal Motor Carrier Safety Administration (FMCSA). These standards are strict because commercial vehicles are larger, heavier, and potentially more dangerous than passenger cars.

To obtain a CDL in Illinois, you must be at least 18 to drive within the state or 21 years old to drive across state lines or transport passengers. You'll need a valid standard Illinois driver's license, and you must pass written knowledge tests and a skills-based driving test.

Most importantly, you must maintain a clean driving record and meet medical certification requirements. This is where a DUI conviction can complicate things, but it doesn't necessarily put an end to your career before it’s begun.

How License Suspension Can Affect Your CDL Application

A DUI charge alone should not disqualify you from getting a CDL. However, it will affect your driver’s license. When you are arrested, you will be offered the opportunity to submit to chemical testing so the arresting officer can determine whether you are under the influence of alcohol and/or drugs.

The Consequences of Refusing or Consenting to Chemical Testing

Your decision to consent or refuse testing will have several consequences.

If you refuse chemical testing, your license will be suspended for 12 months (for a first DUI). If you submit to testing and your blood alcohol content (BAC) is .08 or higher, your license will be suspended for six months for a first offense. This is an administrative penalty given by the Illinois Secretary of State, called a statutory summary suspension.

This is important, as your driving privileges must be reinstated before you can obtain a CDL. Put simply, you must have served the suspension (or had it overturned, which a DUI lawyer can help you with), paid the reinstatement fees, and ensured there are no outstanding issues with your driver’s license.

However, aside from the shorter suspension period, there are few benefits of consenting to chemical testing. Doing so only gives the State more evidence they can use against you when prosecuting you for the DUI. It’s much easier for a DUI attorney to argue your case when there is no evidence of intoxication, and it’s more preferable to win your DUI case and have a 12-month suspension for refusing testing than to have a DUI conviction.

The Implications of a DUI Conviction on CDL Eligibility

When you’re charged with DUI in Illinois, there are several possible outcomes:

• Acquittal (a not-guilty verdict)
• Dismissal of the charges
• Conditional discharge
• Court supervision
• A reduction of the charge
• A DUI conviction.

If you are acquitted of DUI or the charges are dismissed, you can pursue a commercial driver’s license just as you could before your arrest. However, if your license is suspended, you will not be eligible until it is reinstated. Regardless of the outcome of your criminal case, the statutory summary suspension must be dealt with separately.

But what if you sit at the other end of the spectrum and you are convicted of DUI? You can still obtain a CDL in Illinois with a DUI conviction on your D (standard) license.

The Illinois Secretary of State outlines several requirements and limitations for CDL eligibility, and nowhere does it explicitly state that you cannot have a DUI.

The biggest obstacle isn’t necessarily getting a CDL with a DUI. It’s finding an employer willing to hire you.

Insurance companies consider drivers with DUI convictions to be high-risk, which means they're more expensive to insure. Many employers simply aren't willing to take on the additional insurance costs and liability risks associated with hiring drivers who have DUI convictions.

If you’re tempted to lie about your criminal history, our best advice is, don’t. Trucking companies and other commercial vehicle employers conduct thorough background checks, and a DUI conviction will show up on these screenings.

A handful of companies will not hire a driver with any prior DUI convictions, no matter how long ago they occurred. Some employers do not automatically disqualify applicants with DUIs, but you may have to wait several years before they are willing to consider you. Below, we’ve outlined a handful of trucking companies and their hiring policy regarding DUIs:

• TMC Transportation: Must not have a DUI conviction in the last 10 years
• C.R. England: Must not have a DUI in the last seven years, and no more than two in total
• A & R Logistics: Must not have a DUI in the last six years
• Southern Refrigerated Transport: Must not have any criminal convictions (including misdemeanor DUI) within the last five years, including probation time.

Even companies that will hire offenders with a DUI less than five years old require drivers to wait several years before they are eligible for consideration. These include TransAm (no DUIs in the last two years) and Werner Enterprises (no DUIs in the last three years).

If you have a DUI conviction, it’s highly recommended that you obtain pre-employment letters before attending CDL classes and training. For many, a DUI is a regrettable mistake, not an indicator of a pattern of poor behavior. CDL drivers are held to an even higher standard than regular license holders, such as:

• A lower legal threshold for intoxication: When operating a commercial vehicle, having a BAC of .04 or higher is considered driving under the influence.
• Harsher penalties for a further DUI conviction (even in your personal vehicle), including disqualification or the potential loss of your CDL privileges.

Being able to show a potential employer that you understand and respect these regulations by showing a pattern of good driving behavior and commitment to sobriety can go a long way to showing trucking companies you are not a risk.

Why Legal Representation Matters

As we’ve explained, it is possible to get a CDL with a DUI, but it’s a lot easier to get your commercial driver’s license without a criminal conviction hanging over your head.

An experienced Illinois driving attorney can help you understand how different plea options might affect your future CDL eligibility. They might also be able to challenge the evidence against you, potentially leading to reduced charges or dismissal.

If you're facing a DUI charge and are concerned about how it might affect your ability to get a CDL, don't wait to seek legal advice. The decisions you make now can make a big difference to your career prospects, and having experienced legal representation from the beginning gives you the best chance of understanding and minimizing the long-term consequences.

Our Chicagoland DUI lawyers have helped thousands of drivers get the best outcomes in their DUI cases. We know the specific challenges CDL drivers (aspiring CDL drivers included) face and can develop a defense strategy that considers your immediate legal situation and your long-term career goals.

If you're charged with DUI and want to drive commercially, contact Illinois’ best CDL DUI lawyers today. We offer free consultations where we will review your specific situation and explain your options. Call or text us at 312-487-4700 or reach out online to get started.