CDL and OVI in Cadiz

Cadiz OVI lawyer Sean Logue knows that being charged with an OVI as a CDL-licensed driver is a significant issue. The penalties for conviction are severe, often leading to the loss of employment for the driver. Understanding your rights and the legal ramifications is crucial, and that’s where the Youngstown Criminal Law Group can help.

Consequences of an OVI as a CDL Driver 

If you’re a CDL-licensed driver and are found to have a BAC (Blood Alcohol Content) above the legal limit or if you refuse chemical testing, the penalties are swift and harsh:

Surrendering Your CDL License

• Drivers must immediately surrender their CDL if their BAC is over the legal limit or if they refuse chemical testing.
• Failure to comply will result in being charged with a first-degree misdemeanor.

Failing or Refusing Chemical Tests

• If a driver submits to testing and has a BAC below 0.04%, they will be placed “out of service” for 24 hours.
• Refusing to participate in testing or having a BAC over 0.04% will lead to a one-year suspension of your CDL license for a first offense. 
• For a second offense with a BAC over 0.08%, CDL drivers face permanent disqualification. This lifetime ban also applies to offenses committed outside of Ohio, stemming from a 2012 law update.

Additional Penalties     

Beyond losing your CDL, court proceedings may result in further penalties, including suspension from operating any motor vehicle.

Implied Consent for CDL Holders

Under Section 4511.191 of the Ohio Revised Code, CDL drivers agree—by accepting their license—to be subjected to chemical testing of blood, breath, or urine upon request by law enforcement officers.

Administrative License Suspension (ALS)

• Refusal to submit to testing will result in an ALS and immediate disqualification from driving commercial vehicles.
• To avoid long-term disqualification, CDL holders must file an appeal of the ALS within 30 days of their initial court appearance for the OVI charge.

Consequences of Disqualification

• A first disqualification results in a one-year suspension.
• A second disqualification leads to a lifetime ban, unless changes to federal safety regulations are enacted by the United States transportation secretary and the director of public safety.

Legal BAC Limit for CDL Holders

The legal BAC limit for a CDL driver in Ohio is stricter than the general population’s limit. For CDL drivers, a BAC of 0.04% or higher is considered over the legal limit.

Situations Leading to CDL Suspensions

• Refusing chemical testing results in a one-year suspension.
• Driving under the influence of controlled substances also leads to a one-year suspension.
• A BAC of 0.04% or higher incurs a one-year suspension.
• Using your commercial vehicle to commit a felony results in a one-year suspension.
• If the vehicle has hazardous material placards, the suspension increases to three years.

Impact of Driving Suspensions on CDL Holders

CDL drivers who receive an ALS are not eligible for work-related limited driving privileges if their job involves commercial driving. However, limited privileges may still be granted for other necessities like attending school, work (non-driving jobs), court, or medical appointments.

It’s crucial to note that disqualifications from driving commercial vehicles are dictated by federal law and cannot be shortened, altered, or cancelled.

Second OVI Convictions for CDL Drivers

For most CDL drivers, a second OVI conviction results in a lifetime CDL revocation. There are a few exceptions:

• First Out of Service Violation: 90-day suspension
• Second Out of Service Violation: 1-year suspension
• Third Out of Service Violation: 3-year suspension

Expert Defense for CDL and OVI Cases in Cadiz

Facing an OVI as a CDL-holder in Harrison County? Whether you need an experienced Cadiz traffic ticket lawyer to guide you through the distracted driving violations or a skilled lawyer to fight for your CDL, Sean Logue and the Youngstown Criminal Law Group offer the tenacity and knowledge to protect your rights.

Call (330) 992-3036 today for skilled representation by a Cadiz OVI lawyer dedicated to defending your case. Don’t risk your livelihood—call now to get started!