CDL Disqualification for DUI in Warren, Trumbull County, OH
Commercial drivers in Warren, Trumbull County, OH including those in , are held to a higher standard than other drivers across the USA. Below, we’ll discuss why that is and what happens if a commercial driver is charged with a DUI/OVI.
Commercial Drivers and Higher Standards
Why are Commercial Drivers Held to Higher Standards?
- Employer Representation:
- Commercial drivers must uphold the professionalism and reputation of their employer.
- Vehicle Size and Safety:
- Operating large vehicles requires careful and professional handling due to the potential catastrophic consequences in the event of an accident. Other vehicles involved often suffer severe damage, and these accidents can result in fatalities.
Consequences of a DUI/OVI for Commercial Drivers
If you’re a commercial driver operating a heavy-duty vehicle and are charged with a DUI, it could lead to losing your driving privileges and possibly your job. The Ohio Revised Code emphasizes the severity of such charges due to the higher risk of fatal accidents.
Immediate Action:
- Contact a Warren OVI lawyer immediately. Our team at Youngstown Criminal Law Group specializes in helping commercial drivers handle these charges effectively.
Effects of a DUI/OVI Arrest on Your CDL
Different Scenarios and Their Impacts
BAC at or Just Above the Legal Limit:
- The police will suspend both your CDL and your standard driver’s license as part of an Administrative License Suspension (ALS). This isn’t a criminal penalty but a civil administrative action. You’ll receive a temporary permit allowing you to drive only your personal vehicle. This suspension lasts for 90 days if your BAC is just at or above the legal limit.
Refusal to Submit to a Chemical Test:
- If you refuse a chemical test, the suspension period extends to one year.
Maintaining Your License
To avoid suspension, if you’re arrested for DUI due to impairment from prescribed medication or substances with a BAC of zero, you might retain your license, provided other probable causes aren’t present.
Legal Limits of Blood Alcohol Concentration (BAC) for Commercial Drivers
- Commercial Vehicles:
- The legal BAC limit is 0.04 or less. Exceeding this results in a DUI arrest and ALS.
- Personal Vehicles:
- The legal BAC limit is 0.08. Exceeding this limit also leads to losing both your driving privileges and CDL.
Limited Driving Privileges and CDL
Challenging an ALS
To challenge an ALS, file a request for a hearing within 30 days. The ALS may be lifted if you prove compliance with the chemical test, show that your BAC wasn’t at or above the legal limit, or demonstrate that the underlying traffic stop was unlawful. Although challenging an ALS isn’t easy, it’s possible with the help of our Warren criminal lawyers.
Seeking Limited Driving Privileges
After an incident, promptly seek limited driving privileges and connect with an experienced Warren OVI Lawyer.
Notifying Your Employer
Immediate Notification
Inform your employer immediately after being charged. Without your CDL, you’re prohibited from driving the commercial vehicle to work, home, or any safe area. Until your employer arranges for the vehicle to be collected, it will need to remain by the roadside.
Returning to Work
Driving without a CDL can result in further criminal charges. You cannot return to work until your CDL is reinstated. Due to zero-tolerance policies, your employer might terminate your employment following a DUI charge.
Effects of a DUI/OVI Conviction
Suspension Details
Both state and federal regulations mandate that drunk or drugged driving, even in your personal vehicle, results in losing your CDL. Upon a DUI conviction, you’ll face the following suspensions:
- First DUI Offense:
- One-year suspension of your CDL.
- Hazardous Materials:
- If your vehicle was carrying hazardous materials, the suspension extends to three years.
Reinstating Your License
After your license suspension and CDL disqualification process, you can reinstate both by passing the CDL driving and knowledge test and paying the necessary fees.
Contact Warren, Trumbull County, Oh Warren Criminal Lawyers
To avoid these severe consequences, connect with a Warren OVI lawyer. Our team will listen to your case and offer the right direction for the best resolution. For more details, get in touch with us today at Call (330) 992-3036.