CDL Disqualification for DUI in St. Clairsville
Commercial drivers in the USA, particularly in Ohio, are held to a higher standard than other drivers due to two main reasons. Firstly, they are responsible for upholding their employer’s image and professionalism. Secondly, they operate larger vehicles that require careful maneuvering, as any accidents involving such vehicles can be catastrophic, causing severe damage to other cars and potentially resulting in fatalities.
If you are a commercial driver operating heavy-duty vehicles and are charged with DUI, the consequences can be significant. There is a higher likelihood of losing your driver’s privileges and job, as well as the consideration of potential deaths. In such situations, it is crucial to seek immediate legal assistance. Contact St. Clairsville Criminal Law Group for competent St. Clairsville OVI Lawyer services. Our team of knowledgeable St. Clairsville Criminal Lawyers can effectively help you navigate your case.
Effects of DUI/OVI Arrest on CDL
The implications of a DUI on your Commercial Driver’s License (CDL) vary depending on the circumstances. If your Blood Alcohol Concentration (BAC) is at or slightly above the legal limit, the police will suspend both your CDL and regular driver’s license. This is a civil administrative license suspension (ALS), not a criminal penalty. You will receive a temporary permit allowing you to drive your personal vehicle. The suspension period for a BAC at or above the legal limit is 90 days. Failing to submit to a chemical test results in a one-year suspension.
One way to retain your CDL is if you are arrested for DUI due to impairment caused by the consumption of substances or prescribed medicine, even with a zero BAC. In such cases, license suspension may not apply.
The Legal BAC Limit for Commercial Drivers
For commercial vehicles, the legal BAC limit is 0.04 or lower. Blowing at or exceeding this limit leads to a DUI arrest and ALS. The legal BAC limit for personal vehicles is 0.08. Blowing at or above this limit results in the loss of driving privileges and CDL.
Limited Driving Privilege Is Not Applicable for CDL
In the event of an Administrative License Suspension (ALS) challenge, you must request a hearing within 30 days. The ALS can only be lifted if you provide evidence of compliance with the chemical test, or if the BAC (Blood Alcohol Concentration) was below the legal limit, or if the initial traffic stop was deemed unlawful. While challenging an ALS may pose difficulties, it is not an impossible task. Our St. Clairsville Criminal Lawyer specializes in handling such cases and can offer assistance.
Upon facing such an incident, your immediate priority should be to seek a limited driving privilege and consult with an experienced St. Clairsville OVI (Operating a Vehicle Impaired) Lawyer.
Notifying Your Employer
Informing your employer is crucial. Without a CDL, you are not allowed to operate a commercial vehicle to commute to work, return home, or reach a safe area. Unless your employer arranges for an alternative solution, the vehicle will have to be left by the side of the road.
Driving without a CDL may lead to further criminal charges, preventing you from resuming work until your CDL is reinstated. It is possible that your employer may terminate your employment due to their zero-tolerance policy.
Effects of DUI/OVI Conviction
It is a common offense resulting in the suspension of a driver’s license. According to state and federal regulations, driving under the influence of alcohol or drugs, even in your personal vehicle, will result in the loss of a CDL. A first-time DUI offense will lead to a one-year suspension of your CDL. If the vehicle was transporting hazardous materials, the suspension period extends to three years. The CDL suspension process can commence after your regular driver’s license suspension. Once both suspensions and CDL disqualifications are completed, you can reinstate your personal license and CDL. This requires passing the CDL driving and knowledge tests, as well as paying applicable fees. To avoid these severe consequences, it is crucial to engage the services of a competent St. Clairsville OVI Lawyer.
Contact St. Clairsville Criminal Lawyer
We are here to carefully listen to your case and provide you with expert guidance for the optimal resolution. Feel free to reach out for further information.