Conviction: Conviction is defined under the Code of Federal Regulations as: "An unvacated adjudication of guilt; finding by a court or an authorized administrative body of a violation; forfeiture of bail; plea of guilty or nolo contendere; payment of fine or court cost; or violation of a condition of release without bail. 49 CFR 383.5. The Code of Alabama, 1975, section 32-5A-195(i) defines the term “conviction” using very similar wording, except the Alabama statutory language does not include the term “authorized administrative body” and only uses the word “court” for the tribunal having jurisdiction over the offense. The Department of Public Safety will not take action against an Alabama driver license until notice of final conviction is received.

Note: License removals as a result of the Alabama Administrative License Suspension Act – Any person lawfully arrested for the offense of DUI who is directed to submit to a breath test with the result of .08% or greater (or refuses to submit to the breath test when properly directed) is subject to an administrative license suspension of the Class D operator’s for 90 days / one year disqualification of the CDL on first violation.

Note: If a Class D operator’s license is revoked, or the CDL endorsement is disqualified for more than one year, the driver must be retested. If operator’s license is revoked, SR-22 certificate of insurance is required for a period of three (3) years from date of the revocation order. CDL disqualifications of one year or less are automatic reinstatements and not subject to testing.

Note: A convicted sex offender requiring registration as a sex offender under Title 15 of the Code of Alabama is prohibited from driving a commercial motor vehicle with a ‘S’ or ‘P’ endorsement. [School bus or passenger vehicle, as defined by 32-6-49.10 (2)] Code of Alabama, 1975, section 32-6-49.24.

Major disqualifying offenses: 1 year loss for driving a regular commercial vehicle; 3 years for a hazmat vehicle. Lifetime CDL ban for any second offense. Note: There is a possibility of reinstatement after ten (10) years, subject to rules and regulations of the Department of Public Safety. Code of Alabama, 1975, section 32-6-49.11(c).

1. DUI in either a "CMV" commercial motor vehicle or “NCMV" non-commercial motor vehicle. Code of Alabama, 1975, section 32-6-49.11(a)(1). [49 CFR 383.51(b)(1)]


2. A second DUI/second major offense in a lifetime = no CDL for life. Second major disqualifying offense does not have to be the same disqualifying offense. Code of Alabama, 1975, section 32-6-49.11(b). A DUI in a personal vehicle prior to September 2005 does not count toward 2 violations in a lifetime. [49 CFR 383.51(b)]


3. Driving a commercial motor vehicle with a BAC of .04 or greater. Code of Alabama, 1975, section 32-6-649.11(a)(3)/ 32-6-49.12(c). [49 CFR 383.51] [Note: School bus or day care driver BAC limited to .02%]


4. Leaving the scene of an accident in any vehicle. Code of Alabama, 1975, section 32-10-1(b) – 6 month revocation of Class D operator’s license; one year disqualification if operating a commercial motor vehicle – 32-6-49.11(a)(3). [49 CFR 383.51(b)(5)]


5. Any felony involving a motor vehicle. Code of Alabama, 1975, section 32-5A-195(j)(4) – six month revocation of Class D operator’s license; one year disqualification of CDL. [49 CFR 383.51(b)(6)] Note: If the felony involves the manufacture, distribution or dispensing of controlled substances using any motor vehicle, lifetime disqualification upon first conviction. Code of Alabama, 1975, section 32-6-49.11(d). 49 CFR 383.51(b)(9)


6. Conviction for negligently causing the death of another person while driving a commercial motor vehicle. [49 CFR 383.51(b)(8)] Note: Alabama refers to negligent motor vehicle death convictions as “manslaughter or homicide by vehicle” - One year revocation of Class D operator’s license under Code section 32-5A-195(j)(1) and Alabama Administrative Code.


7. Driving a commercial motor vehicle with a revoked or cancelled CDL or while otherwise disqualified from driving a commercial motor vehicle. Code of Alabama, 1975, section 32-6-49.7 [49 CFR 383.51(b)(7)] One to five year disqualification/Unscheduled misdemeanor offense/Code of Alabama, 1975, sections 32-6-49.11(f)(1),(2),&(3).