Comprehensive Guide to Commercial Driver’s License (CDL) Suspensions in Massachusetts

The Commercial Driver’s License (CDL) program in Massachusetts was established in 1990 to address concerns over unqualified truck drivers and improve highway safety on a national scale. Governed by the Federal Commercial Motor Vehicle Safety Act of 1986, this program mandates minimum national standards for CDL issuance while allowing states to maintain licensing authority. Massachusetts has adopted these federal standards, which include stringent penalties for CDL violations and certain non-CDL offenses, such as DUI or breathalyzer refusal, even if the offense occurs in a personal vehicle.

Penalties for CDL Violations and DUIs

Under Massachusetts General Laws Chapter 90F, Section 9, CDL holders face severe consequences for violations, including:

• First DUI or Breathalyzer Refusal: A one-year CDL suspension.
• Second DUI or Chemical Test Refusal: A lifetime CDL revocation.
• Operating a Commercial Motor Vehicle (CMV) with a Blood Alcohol Content (BAC) of 0.04% or Higher: A one-year suspension, regardless of whether an OUI charge or conviction occurs.

These penalties reflect the standards outlined in 49 C.F.R. § 383, established by the U.S. Department of Transportation.

Federal Anti-Masking Provisions

Federal anti-masking provisions prevent states from masking CDL-related violations. This means that a continuance without a finding (CWOF) is treated the same as a conviction for the purposes of CDL suspensions, disqualifications, and reinstatements.

Hardship Licenses and CDL Restrictions

The Federal Motor Carrier Safety Administration (FMCSA) prohibits hardship licenses for CDL holders to override CDL suspensions. While individuals may be eligible for a Class D Hardship License, which allows operation of a passenger vehicle, they are barred from operating commercial vehicles during the suspension period.

Additionally, CDL holders with ignition interlock device (IID) restrictions (commonly designated by a “Z” restriction on the license) are ineligible to maintain a CDL. Federal regulations do not permit IIDs in commercial motor vehicles, and the same restriction applies to Massachusetts motorcycle licenses.

Historical DUI Incidents and CDL Suspensions

There is some uncertainty about how DUI incidents that occurred prior to June 14, 1994, are treated in relation to CDL suspensions. This is because the federal regulations governing CDL suspensions for DUI events became effective on this date. CDL holders facing suspension based on incidents before this date may benefit from consulting with an attorney to explore potential defenses.

Importance of Legal Representation

The Massachusetts Registry of Motor Vehicles (RMV) and the Board of Appeal have limited discretion when it comes to modifying or overturning CDL disqualifications for valid offenses. This highlights the critical importance of experienced legal counsel for CDL holders facing suspension or revocation. A skilled attorney can provide guidance on your rights and defenses, particularly in complex cases involving federal and state regulations.

Protect Your Livelihood and Future

If you are a CDL holder facing suspension in Massachusetts, your livelihood and future may be at risk. Prompt legal advice is essential to navigate the stringent regulations and explore any available remedies. Contact an experienced attorney to protect your rights and develop a strategic plan tailored to your situation.

To seek knowledgeable legal counsel, call (508) 625-5776 or fill out an online form today.