Illinois CDL Disqualification Laws Explained: 625 ILCS 5/6-514 and Federal FMCSA Rules

Understanding the High Stakes of a CDL Case in Chicago

Commercial drivers keep Chicago’s economy running—moving freight through the Dan Ryan Expressway, the I-55 corridor, and the I-294 tollway toward O’Hare and Midway. But under Illinois law (625 ILCS 5/6-514) and federal FMCSA regulations (49 C.F.R. § 383.51), even a single “serious traffic violation” can trigger a suspension or disqualification of a Commercial Driver’s License (CDL).

In Illinois, CDL infractions can lead to either misdemeanor or felony consequences depending on the underlying offense. For example, driving under the influence (625 ILCS 5/11-501) is typically a Class A misdemeanor for a first offense, but becomes a felony if the driver has prior DUIs or causes injury. Similarly, leaving the scene of an accident (625 ILCS 5/11-401) is a felony, while operating a commercial vehicle more than 15 mph over the limit (625 ILCS 5/6-514(a)(2)) is classified as a serious traffic violation that can suspend CDL privileges even if the driver’s personal license remains valid.

In Chicago, local law enforcement and the Illinois State Police enforce both state and federal rules. CDL holders drive under a microscope—any moving violation is recorded through the Commercial Driver’s License Information System (CDLIS). This means that a CDL violation committed in Cook County can affect a driver’s record nationally. Losing a CDL is not simply a driving issue—it is a career-ending sanction with serious financial and legal consequences.

How Criminal Cases Begin and CDL Disqualifications Are Triggered

Every Illinois CDL case begins with a law enforcement encounter—often a traffic stop or accident investigation. Officers use dash cams, body cams, and electronic recordings to document the driver’s conduct. If an officer believes the CDL holder committed a violation covered under 625 ILCS 5/6-514 or federal rules, the officer issues a citation or makes an arrest.

Common disqualifying offenses include:

• Driving under the influence of alcohol or drugs (625 ILCS 5/11-501)
• Refusing a chemical test under the implied-consent law (625 ILCS 5/11-501.1)
• Leaving the scene of an accident (625 ILCS 5/11-401)
• Using a commercial vehicle to commit a felony (625 ILCS 5/6-514(b)(5))
• Driving a CMV while disqualified or under an out-of-service order (625 ILCS 5/6-514(c))

Under 49 C.F.R. § 383.51, federal law requires a minimum one-year disqualification for a first DUI in a commercial vehicle, three years if the CMV was transporting hazardous materials, and a lifetime ban for a second major offense. Illinois mirrors those standards but can impose longer suspensions depending on the circumstances and the driver’s record.

Once the Secretary of State receives the violation report, a formal suspension notice is issued. The driver has a limited window to request an administrative hearing to challenge the disqualification. Failing to act in time often means an automatic loss of CDL privileges—even before any criminal court conviction.

Investigation, Arrest, and Evidence in Illinois CDL Cases

The investigatory phase determines what evidence prosecutors will use. Law enforcement often relies on dash-cam footage, breathalyzer results, toxicology reports, and electronic logging devices (ELDs) to establish speed, hours-of-service compliance, or driver impairment. Vehicle inspection records and weigh station logs may be subpoenaed as well.

After an arrest, drivers are taken to a local station—such as Chicago Police Department’s 18th District on Larrabee or a Cook County Sheriff’s facility—where booking occurs. Officers collect biographical data, take fingerprints, and enter the arrest into the state database. If a driver is charged with a felony offense such as aggravated DUI (625 ILCS 5/11-501(d)), a bond hearing follows within 48 hours at Cook County Criminal Courthouse at 26th and California.

Evidence is critical. As defense counsel, our job is to demand every recording, report, and test used against our client. We often find procedural errors—such as improper chemical testing protocols under Illinois Administrative Code § 1286—or faulty calibration of breath machines—that can undermine the state’s case.

Example Case: CDL Driver Stopped in Bridgeport

A CDL holder hauling produce through Bridgeport was stopped for a lane violation on the I-90/94 expressway. Officers claimed they smelled alcohol and performed a field sobriety test. The driver was charged under 625 ILCS 5/11-501 and issued a CDL suspension under 625 ILCS 5/6-514(b)(1). Our defense team obtained the dash-cam video and proved that the officer improperly administered the test on uneven pavement in violation of NHTSA guidelines. The court ruled the test inadmissible. The criminal charge was reduced to reckless driving (625 ILCS 5/11-503), a Class A misdemeanor that did not trigger CDL disqualification under federal rules. The driver kept his license and his job.

This example shows why an aggressive and methodical defense can preserve a career. Without legal intervention, the driver would have lost CDL privileges for a year or more.

The Criminal Trial Process in Illinois

After arraignment, the State’s Attorney must produce discovery—police reports, videos, test results, and witness statements. We examine this evidence for Fourth Amendment violations (search and seizure), Fifth Amendment violations (self-incrimination), and technical flaws in CDL record handling.

Pre-trial motions often decide CDL cases. A motion to suppress evidence under 725 ILCS 5/114-12 can exclude illegally obtained evidence. If the case proceeds to trial, our team prepares to challenge the credibility of officers, the accuracy of machines, and the chain of custody for sample evidence.

Penalties depend on the conviction. A DUI under 625 ILCS 5/11-501 carries up to 364 days in jail and fines of $2,500 for a first offense, but CDL holders face automatic federal disqualification even if court supervision is granted. A second major violation results in lifetime disqualification under 49 C.F.R. § 383.51(b).

Collateral consequences include termination from employment, loss of union eligibility, and increased insurance premiums. Because Illinois shares CDL records nationwide, a disqualification in Cook County follows a driver to any state.

Why You Need a Chicago CDL Defense Lawyer

CDL law combines criminal and administrative rules that most drivers don’t fully understand. A single error in handling a suspension notice or court appearance can cost months of income. At The Law Offices of David L. Freidberg, we represent drivers in both the criminal courtroom and the Illinois Secretary of State hearing room. We know how to cross-examine police officers, subpoena testing records, and present mitigating evidence to preserve your driving privilege.

An experienced Chicago criminal defense lawyer understands that CDL cases are not just about fines—they are about livelihoods. Our firm provides around-the-clock representation for drivers across Cook, DuPage, Will, and Lake Counties.

Legal Defenses in Illinois CDL Disqualification Cases

Common defenses include showing that:

• The traffic stop was unsupported by probable cause (725 ILCS 5/114-12)
• Field sobriety or chemical tests were improperly administered
• The out-of-service order was issued in error under 49 C.F.R. § 383.51(d)
• The driver was not operating a CMV at the time of the violation
• The Secretary of State failed to follow proper notice procedures

Every CDL case is unique, and a tailored strategy is essential. Our office often negotiates reductions to non-CDL impacting offenses or obtains court supervision in a manner that avoids FMCSA reporting.

Qualities to Look for in a Chicago Criminal Defense Attorney

Drivers should seek a lawyer who has trial experience in Cook County courts, understands both state and federal transport laws, and communicates clearly about risks and outcomes. A strong CDL defense lawyer must know the difference between administrative and criminal penalties and be ready to handle Secretary of State hearings in Springfield or Chicago.

When you meet with a lawyer, ask about prior CDL case results, trial experience, availability for hearings outside normal business hours, and their approach to negotiating with prosecutors. The best defense comes from preparation and commitment.

Frequently Asked Questions About CDL and Illinois Criminal Defense

What happens if I get a DUI in my personal vehicle with a CDL?
Under 625 ILCS 5/6-514(b)(1), a DUI in any vehicle triggers a one-year CDL disqualification, even if it was not a commercial vehicle. Federal law (49 C.F.R. § 383.51) requires the same.

Can I get court supervision and keep my CDL?
Illinois allows court supervision for a first DUI, but the Secretary of State still reports it to FMCSA as a conviction for CDL purposes. Your CDL will be suspended for one year.

Are speeding violations CDL disqualifiers?
Yes. Two or more serious traffic violations—like speeding 15 mph over the limit or reckless driving—within three years cause a 60-day suspension under 625 ILCS 5/6-514(a)(2) and 49 C.F.R. § 383.51(c).

Do out-of-state violations count in Illinois?
Absolutely. Illinois participates in the CDLIS network, so any conviction reported in another state can trigger a disqualification here.

How long is a lifetime CDL ban?
A second major offense (DUI, leaving scene, using CMV in felony) results in a lifetime disqualification under 625 ILCS 5/6-514(b)(2). However, drivers can apply for reinstatement after 10 years if they complete a rehabilitation program approved by the Secretary of State.

Can a CDL be disqualified for texting while driving?
Yes. Texting while operating a CMV violates 625 ILCS 5/12-610.2 and 49 C.F.R. § 392.80, classified as a serious violation that can lead to disqualification after repeated offenses.

What is the difference between a suspension and a disqualification?
A suspension affects all driving privileges; a disqualification applies only to commercial operation. However, the result is the same for your career—no commercial driving is allowed.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.