In Ohio, a Commercial Driver’s License (CDL) is required for people who drive commercial vehicles, such as a school bus, construction vehicle, semi-trailer and other vehicles in Ohio. Commercial vehicles are defined under Ohio Revised Code (ORC) 4506.01.

Many people wonder how a DUI / OVI charge or conviction will affect their CDL. A DUI / OVI will have serious consequences for a CDL driver in Ohio. These consequences can be even more severe than for a person without a CDL. Not only will a conviction subject you to the same sentences for DUI / OVI as everyone else, but the conviction will impact your CDL directly, potentially ending your career as a driver. However, the exact nature of the consequences depend on whether the CDL driver was driving a commercial or non-commercial vehicle at the time of the offense.

Driving a Non-Commercial Vehicle

If a CDL holder is arrested for DUI / OVI, it does not matter that the vehicle was a non-commercial vehicle at the time of the offense. Ohio DUI / OVI laws can affect your CDL and, thus, your livelihood even if you receive a DUI / OVI charge will you are not operating a commercial vehicle.

If a CDL holder is arrested for DUI / OVI, even while operating a non-commercial vehicle, and a chemical test (i.e. breath, urine or blood test) indicates that the CDL holder has a BAC level above the legal limit, the CDL will be suspended immediately by the BMV for ninety (90) days.

If the CDL holder refuses the chemical test, the administrative license suspension will be for one (1) year. Moreover, refusing a chemical test is a separate offense under Ohio law. If the CDL holder refuses the chemical test for a second time, the person will be disqualified from holding a CDL for life.

While it is normal for limited driving privileges to be granted for most DUI / OVI offenses, ORC 4506.161 prohibits the granting of limited driving privileges to operate a commercial vehicle for anyone whose driver’s license has been suspended or CDL has been disqualified. Thus, an option that assists many who have been charged with DUI / OVI is not an option for CDL holders.

Driving a Commercial Vehicle

If a CDL holder is driving a commercial vehicle and has a detectable amount of alcohol in his or her system, the CDL holder will be immediately placed out of service for 24 hours. If the CDL holder is arrested for DUI / OVI while operating a commercial vehicle, the legal limit is half of what it is for operating a non-commercial vehicle. Pursuant to ORC 4506.15, instead of 0.08 being the legal limit, 0.04 is the legal limit for operating a commercial vehicle.

If the CDL holder is convicted of DUI / OVI while driving a commercial vehicle, a one (1) year CDL disqualification will be imposed. A second conviction will result in a lifetime CDL disqualification.

Offenses Resulting in CDL Disqualification

ORC 4506.15 prohibits CDL drivers or those operating vehicles requiring CDLs from doing any of the following:

• Driving a commercial vehicle with any measure or detectable amount of alcohol or drugs in your blood, breath or urine
• Driving a commercial vehicle with a BAC of 0.04 or higher
• Driving any motor vehicle while under the influence of a controlled substance
• Committing a DUI / OVI in any motor vehicle
• Use a motor vehicle to commit a felony
• Refuse to submit to a DUI / OVI breath, blood or urine test
• Operate a commercial vehicle with a suspended, revoked or disqualified license
• Cause a fatality through the negligent operation of a commercial vehicle
• Fail to stop after an accident
• Use a motor vehicle to commit a felony drug offense

Violation of ORC 4506.15 is a first degree misdemeanor in and of itself and is punishable by up to 6 months in jail.

Moreover, ORC 4506.16 provides for the disqualification of a CDL for certain offense. The period of disqualification varies based on the nature of the offense and whether you have any previous offenses.

[table id=23 /]

Strategies for Defending CDL Holders Charged with DUI / OVI in Ohio

Representing a CDL holder charged with DUI / OVI involves the same process as representing a person charged with DUI / OVI who does not hold a CDL. However, the stakes will be higher for a CDL holder because a conviction will impact the ability of the CDL holder to be employed.

We will begin by obtaining discovery from the prosecution and reviewing the evidence, such as whether you were impaired at the time of the offense. We will discuss whether a motion to suppress should be filed to try and exclude certain pieces of evidence, including field sobriety tests, breath tests, blood tests and urine tests. We will finally negotiate with the prosecution in an effort to secure a resolution that does not include a CDL disqualification, or we will prepare for trial.

Columbus and Delaware, Ohio DUI / OVI Attorney

If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.