CDL Disqualification for DUI in Cadiz
Commercial drivers are held to higher standards than other drivers across the USA, particularly in Ohio. This can be attributed to two main reasons. Firstly, a commercial driver represents their employer’s image and professionalism on the roads. Secondly, they typically operate large, heavy-duty vehicles that require skilled and careful handling. An accident involving such a vehicle can often lead to devastating outcomes, with significant damages and even loss of lives in most cases.
If you are a commercial driver operating a large vehicle and have been charged with DUI, the consequences can be severe. You may lose your driving privileges and possibly your job, especially since your circumstances may also involve the consideration of potential fatalities. If you find yourself or a loved one in such a situation, it’s important to contact a Cadiz OVI lawyer immediately. The team at Youngstown Criminal Law Group specializes in handling such cases and can help you work toward the best resolution.
Effects of DUI/OVI Arrest on CDL
A DUI/OVI arrest can affect your CDL in various ways depending on the circumstances. Here are the potential implications:
- BAC at or Just Above the Legal Limit
When your Blood Alcohol Concentration (BAC) is at or slightly over the legal limit, the police will typically suspend your CDL and standard driver’s license. This is not considered a criminal penalty but rather a civil administrative license suspension (ALS). You will receive a temporary permit, allowing you to drive only your personal vehicle. A BAC over the legal limit results in a 90-day suspension, while failure to submit to a chemical test results in a one-year suspension.
- DUI Due to Impairment From Substances or Medications
If you are arrested for DUI/OVI under the influence of substances or prescribed medications, your BAC could measure zero but probable cause could still result in charges. However, depending on the circumstances, such cases may not lead to a license suspension.
A Cadiz criminal lawyer can evaluate the specifics of your case and help protect your driving privileges.
The Legal Limit for Commercial Drivers
Commercial drivers must adhere to stricter legal BAC limits compared to personal drivers:
- For Commercial Vehicle Drivers
Commercial drivers are held to a BAC legal limit of 0.04%. Blowing at or above this level results in a DUI arrest and an ALS.
- For Personal Vehicle Drivers
When driving personal vehicles, the legal BAC limit is higher at 0.08%. However, exceeding this limit not only leads to license suspension but also disqualifies you from holding a CDL.
This strict standard emphasizes the heightened responsibility of commercial drivers on the road.
Limited Driving Privileges Are Not Available for CDL Holders
Challenging an ALS is possible but must be done quickly—a request for a hearing must be filed within 30 days. To lift the ALS, you must prove one of the following:
- Compliance with the chemical test
- BAC was not at or above the legal limit
- The traffic stop was unlawful
While challenging ALS isn’t easy, it’s not impossible with the help of an experienced Cadiz traffic ticket lawyer. However, CDL holders cannot apply for limited driving privileges, which makes it crucial to fight for your CDL in order to continue working in your profession.
After receiving an ALS, your next steps should be securing representation from a Cadiz OVI lawyer and applying for limited privileges on your personal license as needed.
Informing Your Employer
It’s your responsibility to inform your employer immediately after being charged with DUI/OVI. Without a valid CDL, you cannot operate a commercial vehicle to work, back home, or to a safe location. The vehicle must remain by the roadside unless your employer arranges for it to be recovered.
Driving without a CDL is a separate criminal offense that can worsen your legal situation. Additionally, many employers have zero-tolerance policies for such incidents and may terminate your employment as a result.
Effects of DUI/OVI Conviction
Losing your CDL can be one of the most damaging consequences of a DUI/OVI conviction. Even if the offense occurs while driving a personal vehicle, federal and state regulations mandate CDL disqualification.
- First DUI/OVI Offense
A first-time DUI offense results in a one-year suspension of your CDL.
- Vehicle Carrying Hazardous Materials
If the vehicle involved is carrying hazardous materials, the suspension increases to three years.
Once both the license suspension and CDL disqualification periods are complete, you can reinstate your license by:
- Passing both the CDL knowledge and driving tests
- Paying the necessary fees
To avoid these severe outcomes and safeguard your livelihood, connect with a Cadiz criminal lawyer as soon as possible.
Contact Cadiz OVI Lawyer Today
At Youngstown Criminal Law Group, we understand the challenges CDL holders face after a DUI/OVI arrest. We’ll listen to your case and guide you toward the best resolution based on the specifics of your situation. For assistance from a qualified Cadiz OVI lawyer (330) 992-3036 contact us today.