July 24, 2009

Deferred prosecution to count as conviction for Washington CDL holders

OLYMPIA — New legislation treats entry into a DUI deferred prosecution program as a conviction for Commercial Driver License (CDL) holders, effective July 26, 2009.

“We had to revise the law to come into federal compliance,” said Liz Luce, Department of Licensing Director. “Entering into a deferred prosecution program now counts as a conviction on the drive records for CDL purposes.”

The changes come after a Federal Motor Carrier Safety Administration CDL Compliance Audit cited our state as non-compliant by allowing CDL holders to enter a deferred prosecution program.

The new legislation only affects a driver's eligibility for a CDL and records available for CDL purposes only. It does not affect individuals who do not hold a CDL, nor does it affect a CDL holder's eligibility for a personal driver license.