CDL and OVI in St. Clairsville

St. Clairsville OVI lawyer, Sean Logue, emphasizes the severe consequences of receiving an OVI for CDL-licensed drivers. The penalties upon conviction are considerably harsh and can lead to detrimental employment loss for the driver.

For CDL-licensed drivers, exceeding the legal BAC limit or refusing chemical testing requires immediate surrender of the CDL license. Failure to comply results in a misdemeanor offense.

Submitting to testing with a BAC below .04 percent leads to a mandatory “out of service” status for 24 hours. However, refusing testing or having a BAC above .04 percent results in a one-year suspension of the CDL license for a first offense.

A second offense, failing the BAC test with a BAC above .08 percent, results in permanent CDL license revocation. This provision applies even if the offense occurred in another state, as it was enacted on January 27, 2012.

Moreover, additional penalties, such as a suspension from driving any motor vehicle, are imposed upon court appearance.

Implied Consent and a CDL License

CDL holders, like other drivers, agree to chemical testing of blood, breath, or urine upon signing for their license. Failure to comply, as stated in Section 4511.191 of the Ohio Revised Code, leads to an Administrative License Suspension (ALS) and a disqualification from operating commercial motor vehicles.

Consequently, CDL holders receiving an ALS must appeal within 30 days of their initial court appearance for the OVI charge. Successfully reversing the ALS is the only way to avoid disqualification. Even if acquitted of all charges, failure to appeal the ALS will result in continued disqualification.

Upon the first occurrence, the driver faces a one-year disqualification. A second offense leads to a lifetime disqualification, subject to change by the United States transportation secretary and director of public safety.

Legal Blood Alcohol Concentration (BAC) Limit for CDL Licensees

CDL drivers are subject to a lower legal BAC limit compared to the general population of drivers. For CDL holders, the legal limit is 0.04 percent, which is half of the limit for other adult drivers. Even if a commercially-licensed driver was not driving at the time of an OVI arrest, they can still face a year-long Administrative License Suspension (ALS).

A CDL can be suspended for various reasons, including:

• Refusing to undergo chemical testing results in a one-year suspension.
• Being under the influence of a controlled substance leads to a one-year suspension.
• Having a BAC of 0.04 percent or higher results in a one-year suspension.
• Using a commercial truck, bus, or other vehicle in the commission of a felony also leads to a one-year suspension.

If a CDL driver is operating a vehicle with placards indicating the transportation of hazardous materials, they face a three-year suspension.

Driving Suspensions and CDLs

When a CDL driver receives an ALS, they are not eligible for work-related limited driving privileges if the work involves operating a commercial vehicle. Limited driving privileges may be granted for court appearances, medical appointments, school, or non-commercial work purposes.

Disqualifications are mandated by federal law and cannot be shortened, changed, or canceled.

Second OVI Convictions for CDL Holders

In most cases, a second OVI conviction results in a lifetime CDL disqualification. However, there are exceptions:

A 1st Out of Service violation leads to a 90-day suspension.

A 2nd Out of Service Violation results in a 1-year suspension.

A 3rd Out of Service Violation leads to a 3-year suspension.

If you find yourself in need of an experienced and dedicated St. Clairsville criminal lawyer to protect your rights, contact Sean Logue at (330) 992-3036.