CDL and OVI in Carrollton

Penalties for CDL Drivers Charged with an OVI

Carrollton OVI lawyer Sean Logue of the Youngstown Criminal Law Group emphasizes that receiving an OVI as a CDL-licensed driver brings severe consequences. Convictions can lead to stringent penalties that may jeopardize a driver’s employment.

For CDL (commercial driver’s license) holders, operating with a BAC (blood alcohol content) above the legal limit or refusing chemical testing leads to immediate repercussions. Drivers are required to surrender their CDL license on the spot. Refusal to comply results in being charged with a First-Degree Misdemeanor.

Submitting to chemical testing, however, does not mean avoiding penalties. If your BAC is under 0.04 percent, you’ll be placed “out of service” for 24 hours. A first-time offense with a BAC above 0.04 percent or refusal to take the test will result in your CDL license being suspended for one year.

For repeat offenders, the punishment is even more severe. A CDL license is permanently revoked for a second OVI offense where a BAC of 0.08 percent or more is detected. This rule, applicable even for offenses in another state, has been in place since January 27, 2012.

Additionally, CDL drivers convicted of OVI face broader penalties, such as the suspension of privileges to drive any motor vehicle.

Implied Consent and CDL Holders

Under Ohio’s Implied Consent laws, CDL drivers agree to submit to testing of their blood, breath, or urine when requested by law enforcement. If they refuse, Section 4511.191 of theOhio Revised Code mandates an Administrative License Suspension (ALS) and an automatic disqualification from operating commercial vehicles.

Due to the immense impact of an ALS, CDL drivers must file an appeal within 30 days of their initial court appearance for the OVI charge. Securing a reversal is the only way to prevent disqualification from driving commercial vehicles. Even if acquitted of OVI charges, failing to successfully appeal an ALS will result in continued disqualification.

For the first ALS violation, the disqualification lasts one year, but a second instance results in a lifetime disqualification unless there’s a policy change by the United States transportation secretary.

Legal BAC Limit for CDL Holders

The legal BAC limit for CDL drivers is 0.04 percent—half the limit for non-commercial drivers. Even if the driver isn’t driving a commercial vehicle at the time of their OVI arrest, they could still receive a year-long ALS.

CDL Suspension Reasons Include:

• Refusing chemical testing, leading to a one-year suspension
• Operating under the influence of controlled substances (one-year suspension)
• Having a BAC of 0.04 percent or higher (one-year suspension)
• Using a commercial vehicle in a felony (one-year suspension)
• Carrying hazardous materials marked by placards while driving, triggering a three-year suspension

CDL Driving Suspension Rules

Drivers in possession of an ALS may seek limited driving privileges for specific purposes such as attending court, school, work, or medical appointments. However, work-related privileges cannot apply to commercial vehicles.

Since federal law mandates disqualifications, they cannot be shortened, amended, or overturned.

Second OVI Convictions for CDL Holders

For CDL drivers, second OVI convictions typically result in a lifetime CDL disqualification. However, some exceptions pertain to out-of-service violations:

• First Out-of-Service Violation results in a 90-day suspension
• Second Out-of-Service Violation leads to a one-year disqualification
• Third Out-of-Service Violation incurs a three-year suspension

Get Expert Legal Guidance

Facing an OVI charge as a CDL driver can have life-altering implications, but you are not alone. Partner with the Youngstown Criminal Law Group and work with an experienced Carrollton criminal lawyer like Sean Logue to protect your rights and future.

Contact Sean Logue at (330) 992-3036 for guidance and unwavering defense. Protecting your livelihood starts with the right lawyer by your side.