There are certain driving violations, health problems, and even crimes one may have committed that temporarily or completely bar you from getting a CDL in Michigan. Although a career as a commercial driver in Michigan starts with a Commercial Driver’s License, not everyone will qualify. Hence, knowing what disqualifies you from getting a CDL in Michigan is essential if you’re serious about a career in commercial driving. From this guide, we shall see what could disqualify you from obtaining a CDL in Michigan and answer some useful FAQs to help you remain qualified.
What disqualifies you from getting a CDL in Michigan?
You are not eligible to obtain a CDL in Michigan depending on the occurrence of specific crimes such as DUI convictions, certain felony offenses, serious traffic offenses, and failure in alcohol or drug tests,… Below is a full explanation that a Michigan CDL driver needs to know about the CDL disqualification.
Alcohol-related disqualification
- Mandatory disqualification of CMV drivers: A driver of a commercial motor vehicle in Michigan is disqualified from holding a CDL and immediately disqualified when operating any CMV under the influence of alcohol. The rule applies to the operation of CMVs only and is not extended to operations of personal vehicles, except as may be provided by Michigan law.
- 0.04% blood alcohol content limitation: Michigan has a limit of 0.04% BAC for CMV drivers. A driver is considered disqualified to operate a commercial vehicle when his/her BAC reaches or exceeds the mentioned limit.
- Off-duty CMV drivers: The disqualification rule in Michigan also covers CDL holders during off-duty times. If the BAC exceeds the legal limit, he/she will be found disqualified, even if he/she is off-duty.
- Personal vehicle consequences: Although the disqualification essentially contours to the CMV driver, under Michigan law it may also impose penalties based on the circumstances surrounding an alcohol-related offense committed in a personal vehicle if the driver is in possession of a CDL.
Controlled substance violations
- A CMV driver in Michigan who is under the influence of a controlled substance as defined by the Controlled Substance Act (CSA) or cannabis as defined by the Cannabis Control Act (CCA) will be disqualified from holding a CDL.
- The minimum period of disqualification of a CMV driver found positive for using a controlled substance or cannabis on any account shall be one year.
- The disqualification is carried out under Michigan state law and is applied even if, at the time of the offense, the driver is not operating a CMV. For any violation of the CSA or CCA concerning his/her driving duties, a CDL holder shall lose his/her eligibility to obtain a CDL.
Refuting an alcohol test
In Michigan, if a CMV driver refused to take the test for alcohol, he would automatically be assumed to be positive for alcohol or drugs. This will be in accordance with the rules of the Federal Motor Carrier Safety Administration or FMCSA. A driver who refuses to take an alcohol test is immediately prohibited from performing any safety-sensitive functions, including driving a Commercial Motor Vehicle (CMV).
If a driver refuses to take an alcohol or drug test in Michigan, he/she will be disqualified from his/her CDL. In this case, refusal is handled as a violation and subjected to similar consequences as testing positive for alcohol or drugs.
Failure to remain at an accident scene
In Michigan, drivers of CMVs have a legal requirement to stay at the scene of an accident. Leaving the scene, regardless of circumstances, has some serious consequences for a person’s CDL eligibility.
Above all, a duty to stop the vehicle and assist if required, apart from reporting the same to the proper authorities, is duty-bound on the drivers. The driver has also to notify the family of the other party, operator, or vehicle owner if required.
Failure to do these and fleeing an accident scene may lead to disqualification from having a CDL in Michigan. This violation not only goes against the law but also compromises safety and his or her future career.
Operating a CMV without legal authorization
A driver in Michigan shall not drive a commercial motor vehicle with a canceled, suspended, or revoked CDL. Doing so is a state violation.
Even though a driver is issued a valid CDL by his State, under FMCSA regulations, he may be disqualified from driving a CMV if the driver’s license is suspended by another State where he was licensed for violations of laws. This would include offenses not related to traffic laws but which result in disqualification.
The consequences for a driver who is found operating a CMV while disqualified are serious, including loss of the CDL and further legal consequences from Michigan itself.
Negligent CMV driving resulting in fatality
The felony offense that could also lead to the disqualification of a CDL is negligent driving causing death in Michigan. This means a driver will be permanently disqualified from ever getting or maintaining a CDL for offenses such as negligent homicide, homicide by motor vehicle, or motor vehicle manslaughter.
If a CMV is used in the commission of a felony-including those involving the manufacturing, distributing, or dispensing of controlled substances, the driver will be disqualified from holding a CDL in Michigan.
Not all convictions for felonies render a driver ineligible to obtain a CDL. However, serious offenses including arson, bribery, extortion, smuggling, treason, kidnapping and other related offenses do result in disqualification as outlined below under Michigan law.
FAQs
1. Can you get a CDL with a felony in Michigan?
Yes, you can get a CDL in Michigan with some felony convictions, but with strict exceptions. Felonies that prohibit a driver from having a CDL include negligent driving causing the death of another person to wit: negligent homicide or motor vehicle manslaughter, using a vehicle in the commission of a felony, manufacturing, distributing, or dispensing of controlled substances. Other serious felonies that could preclude CDL eligibility include but are not limited to: arson, bribery, extortion, smuggling, and kidnapping.
2. Can I get a CDL in Michigan with a DUI?
No, you will not be able to get a CDL in Michigan if you have had a DUI conviction within the last two years. A DUI automatically means a suspension of your CDL, and the period of the suspension varies with the gravity of the offense.
Final thoughts
Obtaining a Commercial Driver’s License in Michigan opens the door to a very promising career; however, it’s a must to know what disqualifies you from getting a CDL in Michigan to save you from your driving path. Driving under the influence, conviction of specific felonies, or severe violations of traffic rules as well as the knowledge about Michigan’s CDL requirements, will prevent you from receiving setbacks and keep your driving future intact. Start your safe, responsible driving career today!
