391.15 Disqualification of drivers.

• General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle.
• Disqualification for loss of driving privileges. A driver is disqualified for the duration of his loss of his privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege, until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.
• Disqualification for criminal and other offenses.

1. General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c) (2) of this section is disqualified for the period of time specified in paragraph (c) (3) of this section if -
1. The offense was committed during on-duty time as defined in 395.2(a) of this subchapter or as otherwise specified: and
2. The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce:
2. Disqualifying offenses. The following offenses are disqualifying offenses:
1. Driving a commercial motor vehicle while under the influence of alcohol. This shall include:
1. Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or more;
2. Driving under the influence of alcohol, as prescribed by State law; or
3. Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of 391.15(c)(2)(i)(A) or (B), or 392.5(a)(2).
2. Driving a motor vehicle under the influence of a Schedule I drug or other substance identified in Appendix D to this subchapter, * an amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic drug;
3. Transportation, possession, or unlawful use of a Schedule I drug or other substance identified in Appendix D of this subchapter, * amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while on on-duty time;
4. Leaving the scene of an accident while operating a commercial motor vehicle; or
5. A felony involving the use of a motor vehicle.
3. Duration of disqualification.
1. First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exception. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral solely concerned the transportation or possession of substances named in paragraph (c) (2) (iii) of this section.
2. Subsequent offenders. A driver is disqualified for 3 years after the date of his conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him under the rules in this section.