Commercial Motor Vehicle Offenses
| Revocation for 1st Conviction in a CMV: | Revocation for 1st Conviction in a Non-CMV: | Revocation for 1st Conviction in a CMV (HAZ-MAT): | Revocation for 2nd Conviction in a CMV: | Revocation for 2nd Conviction in a Non-CMV: | |
| (1) DUI (Alcohol) | 1 year | 1 year | 3 years | Life | Life |
| (2) DUI (Controlled Substance) | 1 year | 1 year | 3 years | Life | Life |
| (3) BAC of .04% or greater while driving CMV | 1 year | N/A | 3 years | Life | N/A |
| (4) Refusing Chemical Test (Implied Consent Violation) | 1 year | 1 year | 3 years | Life | Life |
| (5) Leaving the scene of an accident | 1 year | 1 year | 3 years | Life | Life |
| (6) Using vehicle to commit a felony (other than described in (9) | 1 year | 1 year | 3 years | Life | Life |
| (7) Driving CMV, when CDL revoked, suspended or cancelled as result of offense committed when operating CMV | 1 year | N/A | 3 years | Life | N/A |
| (8) Causing fatality through negligent operation of CMV | 1 year | N/A | 3 years | Life | N/A |
| (9) Using vehicle in commission of felony involving manufacturing, distributing, or dispensing of controlled substance | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement |
Commercial motor vehicle (CMV) drivers face harsher penalties for both Tennessee traffic tickets and other criminal offenses when such offenses are committed in a commercial motor vehicle such as a tractor-trailer (also known as a semi-trailer truck, an eighteen wheeler or a “big rig,” among other nicknames).
Driving Under the Influence in a Commercial Motor Vehicle
To be found guilty of a Tennessee DUI in a Commercial Motor Vehicle, the prosecution must establish beyond a reasonable doubt that the person was: (1) operating or in physical control of (2) a commercial motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs (illicit or prescription drugs), or with a blood alcohol content of .04% or higher.
The penalties for Driving Under the Influence in a Commercial Motor Vehicle are the same as those for a DUI committed in a non-commercial motor vehicle, except for the driver’s license revocation penalty. If convicted of a Tennessee CMV Driving Under the Influence offense, the person’s CMV license is revoked for one year and the person is prohibited from obtaining a restricted driver’s license during that period. The penalty is more severe if convicted of a second DUI offense anytime within the driver’s lifetime. Upon the second conviction, the person’s Commercial Motor Vehicle driver’s license is revoked for life. Interestingly, these license consequences apply even if the CMV driver’s license holder committed the Tennessee DUI offenses in a non-commercial motor vehicle.
Commercial Motor Vehicle Driver’s License Penalties
A CMV driver’s license holder may also be subject to more serious driver’s license penalties if convicted of other Tennessee traffic violations or Tennessee criminal offenses, as reflected in the chart below.
CMV Revocations for Tennessee Criminal Offenses
| Revocation for 1st Conviction in a CMV: | Revocation for 1st Conviction in a Non-CMV: | Revocation for 1st Conviction in a CMV (HAZ-MAT): | Revocation for 2nd Conviction in a CMV: | Revocation for 2nd Conviction in a Non-CMV: | |
| (1) DUI (Alcohol) | 1 year | 1 year | 3 years | Life | Life |
| (2) DUI (Controlled Substance) | 1 year | 1 year | 3 years | Life | Life |
| (3) BAC of .04% or greater while driving CMV | 1 year | N/A | 3 years | Life | N/A |
| (4) Refusing Chemical Test (Implied Consent Violation) | 1 year | 1 year | 3 years | Life | Life |
| (5) Leaving the scene of an accident | 1 year | 1 year | 3 years | Life | Life |
| (6) Using vehicle to commit a felony (other than described in (9) | 1 year | 1 year | 3 years | Life | Life |
| (7) Driving CMV, when CDL revoked, suspended or cancelled as result of offense committed when operating CMV | 1 year | N/A | 3 years | Life | N/A |
| (8) Causing fatality through negligent operation of CMV | 1 year | N/A | 3 years | Life | N/A |
| (9) Using vehicle in commission of felony involving manufacturing, distributing, or dispensing of controlled substance | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement |
CMV Revocations for Tennessee Traffic Violations
| IF A DRIVER IS CONVICTED OF: | Revocation for 2nd Conviction of Any Combination of Offenses in CMV in Chart Within 3-Year Period: | Revocation for 2nd Conviction of Any Combination of Offenses in Non-CMV in Chart Within 3-Year Period: | Revocation for 3rd or Subsequent Conviction of Any Combination of Offenses in CMV in Chart Within 3-Year Period: | Revocation for 3rd or Subsequent Conviction of Any Combination of Offenses in Non-CMV in Chart Within 3-Year Period: |
| (1) Speeding (15mph or greater over limit) | 60 days | 60 days | 120 days | 120 days |
| (2) Reckless Driving | 60 days | 60 days | 120 days | 120 days |
| (3) Improper or Erratic Lane Changes | 60 days | 60 days | 120 days | 120 days |
| (4) Following Too Closely | 60 days | 60 days | 120 days | 120 days |
| (5) Violation of traffic control law(s) arising in connection with a fatal accident | 60 days | 60 days | 120 days | 120 days |
| (6) Driving CMV without obtaining a CDL (Commercial Driver’s License) | 60 days | N/A | 120 days | N/A |
| (7) Driving CMV without CDL in possession | 60 days | N/A | 120 days | N/A |
| (8) Driving CMV without the proper class of CDL and/or endorsements for vehicle being operated or for passengers or type of cargo being transported | 60 days | N/A | 120 days | N/A |
Tennessee Department of Safety – Traffic Violation Points for a CMV driver
The Tennessee Department of Safety may suspend your Tennessee commercial driver’s license if you accumulate twelve (12) or more points within a one (1) year period. If you are a Tennessee commercial driver licensee, you are entitled to a hearing before your driver’s license is suspended; however, you must request a hearing within a specified period of time. Steve and Sara can often assist you in avoiding Tennessee commercial motor driver’s license suspension. However, to ensure the best possible result, you should contact our law office in Knoxville, Tennessee immediately. For more information on Tennessee commercial driver’s license suspension, visit the Tennessee Department of Safety web site.
Tennessee Traffic Tickets (Note: The following list does not include all traffic violations, including those committed in a CMV while hauling hazardous material). If your violation is not listed, visit the Tennessee Department of Safety website.
Tennessee Speeding Tickets in a Commercial Motor Vehicle
Speed not Indicated 4
Speeding 1-5 MPH over speed limit 2
Speeding 6-14 MPH over speed limit 4
Speeding 15-25 MPH over speed limit 5
Speeding 26-35 MPH over speed limit 6
Speeding 36-45 MPH over speed limit 7
Speeding 46+ MPH over speed limit 8
Construction zone – No Speed Indicated 5
Construction zone – 1-5 MPH over speed limit 3
Construction zone – 6-14 MPH over speed limit 5
Construction zone – 15-25 MPH over speed limit 6
Construction zone – 26-35 MPH over speed limit 7
Construction zone – 36-45 MPH over speed limit 8
Construction zone – 46+ MPH over speed limit 9
Other Point Assignments for CMV Traffic Tickets in Tennessee
Reckless Driving 7
Improper Passing 4
Improper or Erratic Lane Change 5
Failure to Obey Traffic Signal 4
Driving Wrong Way 4
Following Improperly 4
Failure to Yield 4
Improper Turn 4
Failure to Signal 3
Careless or Negligent Driving 5
Miscellaneous Tennessee Traffic Violations 3
