Let’s be honest — most truck drivers I talk to don’t spend their spare time brushing up on federal regulations. And who could blame them? Between hours-of-service requirements, ever-changing state rules and new enforcement priorities, the system can feel more like a maze than a roadmap.
But here’s the deal: Your commercial driver’s license (CDL) isn’t just a piece of plastic. It’s your livelihood, which means it is important to understand the legal issues that can directly impact your ability to keep that license — even if you’re doing your best to play by the rules.
Here’s a rundown of the most common legal challenges facing CDL holders today — and how to navigate them before they cost you your job.
1. Drug Recognition Evaluations (DREs): When Opinion Meets Enforcement
While no reasonable person wants impaired drivers on the road — and I certainly don’t! — there’s growing concern over how some drug impairment evaluations are being handled, especially when it comes to CDL holders.
In several states, officers trained in Drug Recognition Evaluation (DRE) techniques are conducting roadside assessments that go far beyond a breathalyzer. These evaluations involve physical examinations, eye pupil tests in dark rooms and subjective observations. In some instances, drivers have been placed out of service for alleged impairment — even after passing breath and urine tests.
The legal basis for these actions often falls under 49 CFR §392.4(a), which prohibits driving under the influence of any drug that affects the person’s ability to safely operate a vehicle. The challenge is that, without a formal citation or positive test result, drivers have little recourse — other than to file a DataQ challenge to request removal of the violation from their record.
This isn’t about being anti-enforcement. It’s about ensuring that enforcement is based on reliable, objective evidence — and that drivers have access to due process when decisions affect their careers.
2. Traffic Violations: More Than Just a Ticket
Speeding, following too closely and lane change violations can have real consequences for a CDL holder. In most cases, these citations are also tied to a roadside inspection, which means the violation could appear on your PSP (Pre-Employment Screening Program) record and affect your safety score — even if the ticket is later dismissed in court.
What many drivers don’t realize is that court outcomes don’t automatically update FMCSA records. If your citation is amended or dismissed, you must file a DataQ challenge and include proof from the court to have the inspection record corrected.
And here’s something else to watch: Violations carry different “time weights” that affect your score more harshly following a recent event. Over two years, those points fade — but they don’t disappear overnight.
3. Medical Certification and CDL Status
Forget to update your medical certificate? It could trigger an automatic downgrade of your CDL — sometimes without you realizing it until it’s too late. This is one of the most preventable issues drivers face; yet it happens more than it should.
Check your medical card expiration date. Set a reminder. And make sure your certificate is on file with the appropriate state agency. It’s a small task that can save you from a major headache.
4. Hours-of-Service and ELD-Related Violations
If you’ve ever felt like the ELD was watching your every move — well, you’re not wrong. Enforcement of hours-of-service (HOS) violations continues to be a priority for inspectors, and falsification of logs is one of the fastest ways to rack up serious CSA points.
Even unintentional errors — like using personal conveyance incorrectly or failing to log rest breaks properly — can create issues that affect your driving record. These violations don’t just stay with your carrier; they can follow you, making future employment and insurance more difficult to secure.
5. When State Lines Mean Different Rules
State-level regulations — especially in places like California — are tightening around emissions, classification of independent contractors and equipment standards. What’s legal in one state may not fly in another.
For example, if your truck gets inspected in a state with stricter equipment or environmental rules, you may face violations that impact your record, even if your home state wouldn’t flag the same issue. Again, if you believe a violation is incorrect or inconsistent with federal rules, a DataQ challenge is your best path forward.
Protecting Your License: Practical Steps
Here’s the bottom line: Your license is your future. And while you can’t control every variable out there, you can take steps to protect yourself:
- Know your PSP score — and check it regularly.
- Document everything — photos, court documents, receipts and inspection reports.
- Challenge incorrect violations — especially if the facts are on your side.
- Keep your paperwork up to date — especially your medical card and endorsements.
- Ask questions — don’t be afraid to talk to your carrier or an attorney if something feels off.
Final Thoughts
Most law enforcement officers I’ve worked with over the years are doing their best with difficult jobs — and most drivers are doing everything they can to stay compliant on the road.
The challenge comes when the system doesn’t offer a clear way to fix mistakes or dispute questionable decisions.
That’s where awareness — and sometimes a good legal strategy — comes into play.
If you ever find yourself on the wrong end of a violation and aren’t sure what comes next, don’t wait until it escalates. There’s often more room to fix these issues than you think, especially if you act quickly.
Drive safe, stay sharp and protect that license like your paycheck depends on it — because it does.
Brad Klepper is a regular contributor to The Trucker, providing valuable information for drivers and motor carriers. He is also president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation’s commercial drivers. Brad is also president of Driver’s Legal Plan, which allows member drivers access to his firm’s services at discounted rates.
