In the spring of 2009, the Nevada Department of Motor Vehicles went through a federal commercial driver’s license (CDL) audit. The auditors determined that the Department had been incorrectly applying credit for the number of days a person’s CDL was suspended in order to reduce a DUI conviction penalty period.
A commercial license has two parts: a commercial side (CDL) and a non-commercial side (NCDL). When a driver’s NCDL is revoked or suspended, the CDL is also affected. If he is convicted of a first DUI offense by the court, his NCDL will be revoked for 90 days and his CDL privilege will be suspended for at least one year.
Between the time when a person is arrested for a possible DUI and when he is convicted of DUI by a court of law, there may be a period of time when his license will be revoked. When the court convicts him of the DUI, the commercial side of his license must be suspended for at least one full year. The non-commercial side of his license must also be revoked. However, the number of days he already went without a license can be applied to the end of his non-commercial license penalty period. This would allow him to shorten his 90-day NCDL penalty period by the number of days he is credited. His CDL will still remain suspended for at least one full year.
For example, if a conviction is received for a CDL holder or any individual who was driving a commercial motor vehicle, his CDL will be suspended and his NCDL will be revoked. If the individual went without his license for, say, five weeks, that five weeks may be credited to his NCDL penalty period. He may apply for reinstatement of his NCDL five weeks sooner than the end of his 90-day penalty period. No credit will be applied to the 1-year CDL suspension.
REMINDER: According to federal regulation 49 CFR 383.51, upon receipt of the DUI conviction, the CDL will be suspended for one* full year (*three full years if carrying hazardous materials) for a first offense and for life upon a second or subsequent offense.
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