CDL & Commercial Driver OWI in Wisconsin

Have a CDL and facing an OWI in Wisconsin? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.

Commercial Drivers Face Stricter OWI Rules in Wisconsin

Commercial drivers are held to far stricter OWI standards than non-commercial drivers under Wisconsin law. An alcohol- or drug-related offense can trigger immediate CDL consequences that are separate from — and often more severe than — the penalties in a standard OWI case.

For CDL holders, a violation does not require a criminal conviction to jeopardize your livelihood. Administrative actions by the Wisconsin Department of Transportation and federally mandated disqualification rules can remove your ability to operate a commercial motor vehicle even when the OWI charge is reduced, dismissed, or pending in court.

At Chirafisi Anderson, S.C., we represent commercial drivers throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge and Green Counties. We focus on protecting both your driving privileges and your career, coordinating criminal defense strategy with CDL-specific administrative and disqualification rules.

Learn more about our Wisconsin OWI defense practice.

Zero-Tolerance and Lower Alcohol Thresholds for CDL Drivers

Under Wis. Stat. § 346.63(7), commercial drivers in Wisconsin are subject to zero-tolerance rules and lower alcohol thresholds that do not apply to standard Class D drivers. These rules apply while operating a commercial motor vehicle and, in some situations, while on duty time—even if the vehicle is not moving.

Under Wisconsin law, a CDL holder may face immediate consequences for:

Any measurable alcohol concentration above 0.0 while driving or on duty with respect to a commercial motor vehicle.
Operating with an alcohol concentration of 0.04 or greater, which is the legal OWI threshold for commercial drivers—half the limit that applies to non-commercial drivers.
Possessing alcohol in a commercial motor vehicle, even if the alcohol is unopened, with limited statutory exceptions.
Operating or being on duty within four hours of consuming alcohol, regardless of measured alcohol concentration.

These standards are enforced separately from traditional OWI thresholds and can trigger out-of-service orders, administrative action, and CDL disqualification, regardless of whether a criminal OWI conviction ultimately occurs.

Alcohol-based CDL violations are often charged alongside, or in addition to, criminal OWI or prohibited alcohol concentration (PAC) offenses, but the CDL consequences follow their own statutory and administrative framework.

CDL Disqualification Is Separate From Your OWI Case

One of the most common—and costly—misunderstandings for commercial drivers is believing that a favorable outcome in court automatically protects a CDL. It does not. CDL disqualification is a separate administrative process that operates independently from the criminal OWI case.

CDL disqualifications are imposed administratively by the Wisconsin Department of Transportation and are often mandatory once certain triggering events occur. Those triggers can include a conviction, a chemical test refusal, or qualifying findings—even if the OWI charge is later reduced or dismissed.

Importantly, CDL disqualification can be imposed even when the alleged OWI occurred in a personal (non-commercial) vehicle. The law looks at the status of the driver as a CDL holder, not just the type of vehicle involved at the time of the incident.

Because these consequences are administrative and deadline-driven, commercial drivers must address both tracks at the same time:

the criminal OWI case, and
the administrative suspension and CDL disqualification process.

Failing to act promptly on the administrative side can result in the loss of commercial driving privileges regardless of how the court case ultimately resolves.

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How Long Will I Lose My CDL?

CDL disqualification periods are mandatory and fixed by statute. Unlike criminal sentencing, judges have little to no discretion to shorten or avoid these consequences once a triggering event occurs.

Common CDL disqualification periods in Wisconsin include:

Triggering Event	CDL Disqualification
First OWI or PAC (.04) while operating a CMV	1 year
First OWI/PAC involving hazardous materials	3 years
OWI or PAC in a non-commercial vehicle	1 year
Chemical test refusal (CMV or non-CMV)	1 year
Second OWI-related offense (any vehicle)	Lifetime disqualification
Felony controlled-substance offense involving a CMV	Lifetime disqualification

Important clarifications for CDL holders:

A lifetime disqualification means you may not operate a commercial motor vehicle unless reinstatement is later granted under limited federal rules.
Occupational licenses do not authorize commercial driving. Even if you can drive a personal vehicle for work, your CDL privileges remain disqualified.
CDL disqualification is imposed administratively by the Wisconsin Department of Transportation, separate from any court-ordered penalties.

Criminal penalties for OWI—such as fines, jail time, or license revocation for non-commercial driving—are addressed separately under Wisconsin law and may apply in addition to CDL disqualification. Drivers facing their first or second OWI can learn more on our First Offense OWI and Second Offense OWI pages.

A chemical test refusal is often a main reason for a CDL disqualification. Learn more about chemical test refusals.

CDL OWI vs. Regular OWI (Personal Vehicle)

Whether you were driving a commercial motor vehicle or your personal vehicle matters—but it does not insulate your CDL from consequences. Wisconsin law and federal CDL regulations treat OWI-related conduct differently for CDL holders, even when the incident occurs off duty and outside a commercial vehicle.

Here is the critical distinction:

Criminal OWI charges are based on the vehicle you were operating and are prosecuted in circuit court.
CDL disqualification, however, is based on your status as a CDL holder and is imposed administratively by the Wisconsin Department of Transportation.

As a result, a CDL holder can lose commercial driving privileges for:

An OWI or PAC while operating a commercial motor vehicle, or
An OWI, PAC, or chemical test refusal in a personal (non-commercial) vehicle.

Even a first-offense OWI in a personal vehicle can trigger a one-year CDL disqualification, regardless of whether jail time is imposed or the criminal penalties are minimal. A second OWI-related event—no matter the vehicle—can result in lifetime CDL disqualification.

For many commercial drivers, this means the CDL consequences are more severe than the criminal penalties. Understanding how the criminal OWI case and the administrative CDL process interact is essential to protecting both your driving privileges and your livelihood.

Defense Strategies in CDL OWI Cases

CDL OWI cases require a defense strategy that addresses two parallel tracks at the same time: the criminal OWI charge and the administrative process that governs CDL disqualification. Protecting a commercial driver’s livelihood often depends on identifying technical, procedural, or evidentiary defects early—before administrative consequences become irreversible.

Common defense strategies in CDL OWI cases include:

Challenging the basis for the stop and investigation. An unlawful stop or improper extension of a traffic stop can undermine both criminal charges and administrative action.
Testing and threshold challenges. Because the CDL alcohol threshold is lower, even small errors in testing procedures, calibration, or timing can be outcome-determinative.
On-duty versus off-duty analysis. Whether a driver was legally “on duty” with respect to a commercial motor vehicle can affect zero-tolerance and out-of-service findings.
Chemical test refusal defenses. Advisements, timing, and statutory compliance are critical in refusal cases, which independently trigger CDL disqualification.
Administrative timing and notice defects. Missed deadlines, improper notices, or procedural noncompliance can invalidate administrative actions.
Coordinated mitigation. In cases where disqualification exposure cannot be avoided, early coordination may preserve non-commercial driving privileges and limit collateral damage.

Many of the legal issues that arise in CDL OWI cases overlap with broader OWI defenses but carry higher stakes because CDL consequences are mandatory and administrative. For a deeper explanation of these legal challenges, see our OWI dismissal and defense strategies page.

Many of these defenses are explained in greater detail on our OWI dismissal and defense strategies page.

Why CDL Drivers Need an OWI Defense Lawyer

For commercial drivers, an OWI allegation is not just a traffic or criminal matter—it is a career-threatening event. CDL consequences are governed by a separate administrative framework with strict deadlines, mandatory disqualifications, and limited discretion. Decisions made in the first days after an arrest can determine whether a driver loses the ability to work, even if the criminal penalties are relatively minor.

Effective representation in a CDL OWI case requires more than defending the criminal charge. It requires coordinated advocacy across both the court case and the administrative process that controls CDL disqualification. That includes timely hearing requests, careful handling of chemical test issues and refusals, and a clear understanding of how state and federal CDL rules interact.

At Chirafisi Anderson, S.C., we regularly represent commercial drivers throughout Southern and Central Wisconsin. We understand how to align criminal defense strategy with CDL-specific administrative requirements, preserve issues that affect disqualification, and advocate for outcomes that protect both driving privileges and long-term employment whenever the law allows.

CDL – OWI Case Result

OWI in Commercial Vehicle with Minor Passenger – Dane County (January 2022)

Result: Not Guilty at Trial

View more OWI case results

CDL OWI Reference Materials

The following reference materials published by the Wisconsin Department of Transportation outline how alcohol- and drug-related offenses affect commercial drivers under Wisconsin and federal law. These charts are provided for reference only and illustrate how CDL disqualification periods are assessed administratively.

Because these materials are technical and enforcement-focused, they should be read alongside a legal analysis of how the rules apply to your specific situation. CDL consequences often turn on details such as vehicle type, duty status, testing procedures, and prior history.

Protect Your CDL and Your Career

A CDL OWI charge can put your livelihood at risk—even before your case reaches court. Strict deadlines, mandatory disqualifications, and administrative action mean that waiting or handling the case incorrectly can cost you your commercial driving privileges.

Call Chirafisi Anderson, S.C. today to schedule a free consultation with an experienced Wisconsin OWI defense attorney. We represent commercial drivers throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties, and focus on protecting both driving privileges and long-term employment.

(608) 250-3500 Schedule a Free Consultation

Frequently Asked Questions — CDL & Commercial Driver OWI in Wisconsin

For CDL holders, the alcohol threshold is 0.04 while operating a commercial motor vehicle. In addition, any measurable alcohol above 0.0 can result in out-of-service orders and administrative consequences.

Yes. A CDL holder can be disqualified for an OWI, PAC, or chemical test refusal even if the incident occurred in a non-commercial vehicle and outside of work hours.

In many cases, yes. CDL disqualification is imposed administratively and is often mandatory once a qualifying conviction or refusal occurs, regardless of the criminal outcome.

No. Occupational licenses do not permit operation of commercial motor vehicles. Even if you can drive a personal vehicle for work, your CDL privileges remain disqualified.

Not necessarily. CDL disqualification is a separate administrative process. A dismissal or reduction in court does not automatically reverse CDL consequences.

Disqualification periods range from one year to lifetime, depending on the number of prior OWI-related events, whether hazardous materials were involved, and whether the offense was a refusal or controlled-substance violation.