CDL Holders Arrested for DUI, DWI, or APC in Oklahoma

If you drive for a living, a DUI, DWI, APC, or DUI-drugs arrest in Oklahoma is more than a scare. It threatens your CDL, your income, and your future. Oklahoma law ties state DUI and DWI statutes to strict commercial disqualification rules in 47 O.S. § 6-205.2, and federal law adds another layer of risk.

Service Oklahoma handles driver’s license revocations and commercial disqualifications. At the same time, federal “anti-masking” rules, CDLIS, and the National Driver Register (NDR) make it very hard to hide a serious driving case from other states or future employers. So, even a “good deal” on the criminal case can still wreck your CDL if it’s not handled with these rules in mind.

Quick Links

How Oklahoma DUI, APC, DWI, and DUI-drugs Laws Affect CDL Drivers
CDL Disqualification Periods in Oklahoma
Service Oklahoma, License Revocation, and IDAP
Federal Anti-Masking Rules and Oklahoma’s CDL Memos
National Driver Register, PDPS, and Out-of-State Consequences
DWI and Other Alcohol-Related Offenses for CDL Holders
Defense Strategies in Oklahoma CDL DUI Cases
CDL DUI in Oklahoma FAQs

Talk to an Oklahoma CDL DUI Defense Lawyer Early

The choices you make in the first days after an Oklahoma CDL DUI arrest can decide whether you ever drive commercially again. You can call us at 405-633-3420 or use our secure online form.

How Oklahoma DUI, APC, DWI, and DUI-drugs Laws Affect CDL Drivers

Key Oklahoma Impaired-Driving Statutes for CDL Holders

Several Oklahoma statutes work together in CDL cases:

DUI / APC / DUI-drugs – 47 O.S. § 11-902. This is Oklahoma’s main DUI statute. It covers driving or being in Actual Physical Control (APC) while under the influence of alcohol, another intoxicating substance, or both.
DWI – 47 O.S. § 761. This is “Driving While Impaired,” usually based on a lower blood alcohol level than DUI or other evidence that your ability to drive was impaired.
CDL Disqualification – 47 O.S. § 6-205.2. This statute sets out “major offenses,” “serious traffic offenses,” and other triggers that require Service Oklahoma to disqualify a CDL.
Mandatory revocations and durations – 47 O.S. §§ 6-205 and 6-205.1. These sections deal with when your driving privilege must be revoked and for how long after certain convictions or refusals.
IDAP – 47 O.S. § 6-212.5. This section authorizes the Impaired Driver Accountability Program (IDAP), Oklahoma’s ignition interlock based administrative program.

If you want a deeper dive into how Oklahoma charges DUI and APC themselves, you can review our page on what happens after a DUI arrest in Oklahoma. For APC specifics, see our separate page on Oklahoma Actual Physical Control (APC) defense. If your case involves medication, marijuana, or other substances, you should also look at our Oklahoma DUI-drugs defense guide.

CDL-Specific BAC Limits and “Major Offenses”

CDL drivers live under different rules than regular Class D drivers. Under 47 O.S. § 6-205.2(B), Service Oklahoma must disqualify a CDL for at least one year if it receives a qualifying “conviction” for several major offenses once that conviction is final. These include:

Driving, operating, or being in actual physical control of a commercial motor vehicle (CMV) with a blood or breath alcohol concentration of 0.04 or more. (47 O.S. § 6-205.2(B)(1))
Refusing a breath or blood test while operating a CMV, or refusing while operating any vehicle if you hold a CDL. (47 O.S. § 6-205.2(B)(2))
Driving or being in actual physical control of any vehicle while under the influence of alcohol, another intoxicating substance, or both, if you hold a CDL. (47 O.S. § 6-205.2(B)(3))
Knowingly leaving the scene of a collision while operating any vehicle, if you hold a CDL. (47 O.S. § 6-205.2(B)(4))
Using any motor vehicle in the commission of a felony, with certain exceptions, if you hold a CDL. (47 O.S. § 6-205.2(B)(5))
Other listed conduct like driving while your CDL is revoked or disqualified, or causing certain deaths through negligent operation. (47 O.S. § 6-205.2(B)(6)-(8))

The main takeaway is simple. If you hold a CDL, a DUI, APC, or DUI-drugs conviction under 47 O.S. § 11-902 can trigger CDL disqualification even when you were driving your personal car. The same is true if you refuse a test or blow 0.04 or more in a CMV.

CDL Disqualification Periods in Oklahoma

Once Service Oklahoma receives a qualifying record of conviction, it doesn’t have much discretion. The disqualification periods for CDL holders are largely fixed in 47 O.S. § 6-205.2, and the statute even says those periods “shall not be modified.” Here’s the big picture.

Major Offenses: 1 Year, 3 Years, or Life

First “major offense” – at least 1 year. A first conviction for any of the major offenses in § 6-205.2(B) requires a one-year CDL disqualification. That includes DUI, APC, DUI-drugs, or refusal where you hold a CDL.
First “major offense” with hazmat – at least 3 years. If the same first offense happens in connection with a vehicle that must be placarded for hazardous materials, the disqualification must be at least three years. (47 O.S. § 6-205.2(C))
Two “major offense” convictions – lifetime CDL. A second listed major offense, after a prior major offense conviction, triggers a lifetime disqualification. The statute allows some lifetime disqualifications to be reduced to not less than ten years if certain conditions are met. (47 O.S. § 6-205.2(D))
Drug-distribution felony or human trafficking – lifetime. A felony related to the manufacture, distribution, or dispensation of controlled dangerous substances while using any motor vehicle, or human trafficking in a commercial motor vehicle, leads to lifetime disqualification. (47 O.S. § 6-205.2(E))

“Serious Traffic Offenses” and Shorter Disqualifications

Some offenses aren’t “major” but still threaten your CDL if they stack up. Under 47 O.S. § 6-205.2(F)-(F)(2), Service Oklahoma must disqualify a CDL for:

60 days after a second conviction for a “serious traffic offense” in a CMV within three years.
120 days after a third such conviction within three years. This 120-day period doesn’t run concurrently with any other disqualification.

“Serious traffic offenses” in § 6-205.2(F) include things like speeding 15 mph or more over the limit, reckless driving, certain fatality-related offenses, failing to have the proper CDL class or endorsement, and using a hand-held phone or texting while driving a CMV.

Out-of-Service Orders and Railroad Crossing Violations

CDL disqualification doesn’t only come from alcohol-related cases. 47 O.S. § 6-205.2(G) and (J) impose additional disqualifications for violating out-of-service orders and railroad grade crossing rules.

First violation of an out-of-service order: 180 days, or one year if carrying hazmat or 16+ passengers.
Second and third violations escalate to multi-year disqualifications.
Railroad crossing violations in a CMV can add 60 days, 120 days, or one year, depending on how many convictions you’ve had within three years.

CDL Disqualification vs. Class D License Revocation

Your CDL and your base Class D license are not the same thing. A CDL disqualification under 47 O.S. § 6-205.2(L) can’t be “modified” with an interlock the way a Class D revocation sometimes can under other statutes. You can’t legally drive any CMV again until the disqualification period ends and your CDL is reinstated.

However, if your Class D license is revoked or suspended, your CDL will also be unusable during that time. You may be able to seek a modified Class D license in some situations, but that doesn’t reinstate your CDL or shorten the CDL disqualification. You’re effectively dealing with two different but overlapping problems at once.

Service Oklahoma, License Revocation, and IDAP

Service Oklahoma’s Role After a CDL DUI Arrest

Service Oklahoma handles revocations, suspensions, disqualifications, and related appeals in implied-consent and CDL cases.

That means any DUI, APC, DWI, or refusal case can trigger two different tracks:

A criminal case in municipal or state court under 47 O.S. § 11-902, 47 O.S. § 761, or related statutes.
A separate administrative revocation or disqualification by Service Oklahoma based on test results, refusal, or the final conviction record.

Why IDAP Doesn’t Help CDL Holders

Oklahoma’s Impaired Driver Accountability Program (IDAP) is an ignition interlock program that can help some drivers avoid a hard suspension. However, IDAP is designed for Class D licensees under 47 O.S. § 6-212.5 and related rules. Current guidance explains that people with commercial licenses can’t use IDAP to keep driving CMVs. If you have a CDL, you are ineligible for IDAP.

Appealing CDL Disqualifications in Oklahoma

CDL drivers disqualified under 47 O.S. § 6-205.2 can appeal under 47 O.S. § 6-211. Those appeals go to district court and focus on whether Service Oklahoma followed the law and whether the record of conviction actually meets the statutory definition. This is separate from any appeal of the underlying criminal conviction.

Federal Anti-Masking Rules and Oklahoma’s CDL Memos

Federal Anti-Masking Rule

Federal law requires states to keep accurate CDL records. Under 49 C.F.R. § 384.226, a state “must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program” that stops a CDL or CLP holder’s conviction for any traffic violation (other than certain minor exceptions) from appearing on the CDLIS driver record.

In short, courts and licensing agencies can’t hide CDL convictions by creative plea deals or local diversion programs. If they do, the state risks federal penalties and potential problems with the validity of its CDL program nationwide.

Oklahoma’s Masking Memos for Judges and Prosecutors

Oklahoma’s masking memorandum explains how federal rules interact with Oklahoma reporting laws in Title 47 and how courts must send conviction abstracts for CDL holders to Service Oklahoma.

The masking memo highlights two important points for CDL holders:

The definition of “conviction” in 47 O.S. § 6-205.2 is broad. It includes nonvacated adjudications of guilt, administrative determinations, forfeiture of bail, pleas of guilty or nolo contendere, and even the payment of fines and court costs.
It’s still “masking” if a judge reduces a charge after it’s filed just to soften the CDL impact. However, the memo explains that prosecutors have more room to amend or file different charges before a case is formally presented to the court, as long as the change isn’t just to hide the original offense.

Deferred Sentences and Dismissals “With Costs”

Many Oklahoma drivers ask if they can “just get a deferred sentence” and keep their record clean. For CDL holders, that’s usually not how it works.

An addendum memo explains that a deferred sentence in a traffic case against a CDL holder must still be reported as a conviction for CDL purposes. That’s because a deferred sentence under 22 O.S. § 991c requires you to enter a guilty or nolo plea, and courts almost always impose fines, costs, or fees. Both the plea and the financial obligations fall squarely within the statutory “conviction” definition in 47 O.S. § 6-205.2(A).

The memo also explains that even cases “dismissed with costs” must be treated as convictions for CDL reporting. So, for CDL holders, many outcomes that work for a regular driver still count as a full conviction in the eyes of Service Oklahoma, CDLIS, and federal regulators.

National Driver Register, PDPS, and Out-of-State Consequences

What Are the NDR and PDPS?

The National Driver Register (NDR), run by NHTSA, maintains the Problem Driver Pointer System (PDPS). PDPS doesn’t store your entire driver history. Instead, it flags people whose driving privilege has been revoked, suspended, canceled, denied, or who have been convicted of serious traffic offenses.

When you apply for a license or renewal, your licensing state must check PDPS for a match. If another state has reported you as revoked, your new state can deny your license until you clear the problem with the “State of Record.” Every state participates, so a serious CDL-related issue in Oklahoma can follow you anywhere you try to drive.

How Oklahoma and Service Oklahoma Use the NDR

Under federal law, the chief driver licensing official in each state must report problem drivers to the NDR. In Oklahoma, that role belongs to Service Oklahoma. When your license is revoked or your CDL is disqualified, Oklahoma must send identifying information to the NDR within a set time frame.

47 O.S. § 6-205.2(M) also explains how Oklahoma treats nonresident CDL holders. Service Oklahoma doesn’t disqualify a nonresident for its own records, but it does report Oklahoma convictions to the licensing jurisdiction. That home state can then use the PDPS and its own statutes to block, suspend, or disqualify that driver.

Checking Your Own NDR / PDPS Status

You have the right under federal law to find out if you’re listed on the NDR / PDPS. NHTSA’s instructions explain how to submit a notarized or sworn request by mail or submit an electronic request. Your request must include your full legal name, date of birth, contact information, and certain driver license details.

If PDPS shows that another state has you listed as “Not Eligible” or revoked, you usually must work directly with that state to resolve fines, suspensions, or reinstatement requirements. Once that state clears you, it should update its record, and the NDR pointer should be updated as well. Your Oklahoma lawyer can help you understand how that process fits into your larger CDL defense strategy.

How DWI Affects a CDL

DWI in Oklahoma, under 47 O.S. § 761, is different from DUI under 47 O.S. § 11-902. DWI involves a BAC of 0.06 or 0.07 or other proof that your ability to drive was impaired but not to the full DUI level. The penalties on the criminal side are lighter than a DUI in most situations.

DWI is not listed as a “major offense” in 47 O.S. § 6-205.2(B). However, a DWI conviction can still cause your base driving privilege to be suspended or revoked under other Title 47 sections. When that happens and your Class D license is not valid, you can’t lawfully drive a CMV and your CDL status is effectively unusable during that time.

DWI convictions for CDL holders must still be reported to the licensing agency. Those records can also be picked up by the NDR and PDPS, which means a DWI can still complicate CDL renewals or applications in other states, even if it doesn’t trigger a full “major offense” disqualification by itself.

Other Alcohol-Related Issues That Can Hurt Your CDL

Alcohol-related offenses that cause a collision or fatality can turn a case into a serious traffic offense or even a major offense if it fits 47 O.S. § 6-205.2(B)(7).
Refusing a chemical test can disqualify your CDL even if the criminal DUI case later gets reduced or dismissed.
Administrative implied-consent actions based on test results or refusals can lead to revocations that trigger CDL consequences, even if you never plead guilty in the criminal case.

Defense Strategies in Oklahoma CDL DUI Cases

Every case is different, but CDL DUI and APC cases in Oklahoma tend to raise common issues. A good defense looks at both the criminal charges and the CDL reporting rules. Here are some of the approaches our team may explore with you.

Challenge the stop and arrest. If the officer lacked reasonable suspicion for the stop or probable cause for the arrest, key evidence, including breath or blood tests, may be suppressed.
Attack chemical testing and procedures. Breath and blood tests must follow strict Oklahoma rules and approved methods. Problems with calibration, observation periods, or lab handling can weaken the state’s case.
Evaluate how charges are filed. Prosecutors sometimes choose alternative charges before filing in court when the evidence supports it and federal anti-masking rules allow it. That charging decision can have a huge impact on your CDL.
Scrutinize the administrative record. Service Oklahoma relies on records of conviction and implied-consent paperwork. Errors in the abstract, missing signatures, or misclassified offenses may give you grounds to challenge a disqualification.
Clean up NDR and out-of-state issues. If PDPS shows an old or incorrect revocation from another state, you may need to fix that record so it doesn’t block current licensing or reinstatement.

CDL DUI in Oklahoma FAQs

What BAC gets a CDL driver in Oklahoma disqualified for DUI?

For criminal DUI in Oklahoma under 47 O.S. § 11-902, the per se limit is 0.08 in most cases. However, for CDL disqualification under 47 O.S. § 6-205.2(B)(1), a BAC of 0.04 or more while driving a commercial motor vehicle can trigger a one-year CDL disqualification. If you hold a CDL, a DUI conviction in any vehicle, even your personal car, can also disqualify you.

Can a deferred sentence for DUI in Oklahoma save my CDL?

No. Oklahoma’s masking memos and 47 O.S. § 6-205.2 treat a deferred sentence as a “conviction” for CDL purposes because it requires a guilty or nolo plea and almost always includes payment of fines or costs. Even if the case is later dismissed after you complete probation, Service Oklahoma and federal systems can still treat it as a conviction that triggers CDL consequences.

Does a DWI in Oklahoma automatically disqualify my CDL?

A DWI is not listed as a “major offense” in 47 O.S. § 6-205.2(B), so it doesn’t automatically cause the same one-year CDL disqualification that a DUI does. However, a DWI conviction can still lead to license revocation or suspension under other sections, and that will affect your ability to hold and use a CDL. The conviction can also show up in NDR and CDLIS checks and may create problems with renewals or employment.

Can I enter Oklahoma’s IDAP program if I have a CDL?

No. Only people with a class D driver’s license can participate in IDAP.

How does an Oklahoma CDL DUI affect my license in another state?

An Oklahoma CDL DUI can follow you through the National Driver Register and the Problem Driver Pointer System. When another state checks PDPS during a license application or renewal, it can see that Oklahoma reported you as revoked, disqualified, or otherwise not eligible. That state may deny your CDL or refuse to renew it until you clear the Oklahoma case and any related disqualifications.

This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 27, 2025. Consult the statutes listed above for the most up-to-date law.