CDL-CMV Disqualifications in West Virginia

Logue Law Group Team

Identifications and explanations of traffic violations and what effects they will have on a driver’s privilege to operate a commercial motor vehicle.

→Disqualification = a driver may not operate a CMV
→Suspension or revocation = a driver may not operate any vehicle, passenger or CMV

Serious Violations (Commercial Motor Vehicle, aka CMV)
  • Reckless driving
  • Passing violations
  • Driving a CMV without having a Commercial Driver’s License (CDL)*
  • Driving a CMV without your CDL in your possession
  • Driving a CMV without the proper CDL endorsement or class
  • Excessive speeding (15 mph or more over the posted speed limit)
  • Improperly changing lanes
  • Following another vehicle too closely
  • Traffic violations resulting from a fatal accident

*Comes with a mandatory 60-day suspension of all legal ability to drive for any offense

A second offense in three years results in a 60-day disqualification (suspension, revocation, or cancellation). A third offense in three years raises that to 120 days of disqualification.

60-Day Suspension
  • Driving a CMV without the proper CDL endorsement or class*
  • Driving a CMV without having a Commercial Driver’s License (CDL)*
  • Driving/operating a CMV while your license is disqualified**
  • Driving/operating a CMV while suspended, disqualified, or revoked, not DUI-related**

*Also constitutes a serious violation and requires the period of disqualification indicated in that section.
**Also constitutes a major violation and requires the period of disqualification indicated in that section.

Major Violations—CMV
  • Admin Per Se (ADM PER SE) 0.08 CMV/CDL
  • ADM PER SE 0.10 CMV/CDL
  • ADM PER SE .04-CMV
  • Driving Under the Influence (DUI)
  • DUI with a controlled substance
  • DUI with a refusal to submit to a breathalyzer
  • Using a vehicle to commit a crime at the felony level that is not drug-related
  • Leaving the scene
  • Negligent homicide
  • Driving a CMV while canceled, revoked, suspended, or otherwise disqualified for an offense you committed while driving/operating a CMV
  • Fatality you caused by negligently operating your CMV

The violations listed in this section can also cause a revocation or suspension of all legal ability to drive.

A first offense comes with a one-year disqualification if it was committed while driving/operating a CMV or a three-year disqualification if it was committed while driving/operating a CMV carrying hazardous materials (Hazmat).

A second, third, or subsequent offense comes with a lifetime disqualification if it was committed while driving/operating a CMV.

Major Violations—CMV & CDL
  • Using a vehicle while committing a felony that involves the dispensing, distribution, or manufacture of any controlled substance

Any offense of this nature, first or otherwise, results in a disqualification for life if it was committed by the holder of a CDL in any personal vehicle, or while driving a CMV.

Major Violations—CDL
  • Leaving the scene
  • Using a vehicle to commit a non-drug-related felony
  • DUI
  • DUI with a controlled substance

A first offense results in a disqualification for one year. A second, third, or subsequent offense results in a disqualification for life if it’s committed by a person holding a CDL in any personal vehicle. This disqualification is added on to any revocation already given because of a conviction for the same offense.

Out-of-Service Violations/Non-Hazmat—CMV Only
  • First offense results in a disqualification for 90 days
  • Second offense in ten years results in a disqualification for one year
  • Third or subsequent offense in ten years results in a disqualification for three years
Out-of-Service violation/16+ Passengers or Hazmat—CMV Only
  • First offense results in a disqualification for 180 days
  • Second offense in ten years results in a disqualification for three years
  • Third or subsequent offense in ten years results in a disqualification for three years
Railroad Violations—CMV Only
  • Failing to slow at railroad tracks
  • Failing to stop when required
  • Not enough clearance
  • Failing to obey railroad control device
  • Failing to stop when the tracks are not clear
  • Not enough space to cross the tracks
  • Not enough undercarriage to cross the tracks

A first offense results in a disqualification of 60 days if it was committed while driving a CMV. A second offense in a period of three years results in a disqualification of 120 days. A third or subsequent offense results in a disqualification of one year.

For more information, or to obtain a free consultation, call Sean Logue at Logue Law Group. 844.PITT.DUI or 844.PITT.DUI. You may contact us online here. Logue Law Group serves Pittsburgh, PA, West Virginia, and Ohio.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Free Consultation

You will never find us short of knowledge & commitment
while handling your case.

Contact Us Now