CDL and OVI in Warren, Trumbull County, OH

Understanding OVI Consequences for CDL Holders

Overview

For CDL-licensed drivers, facing an OVI (Operating a Vehicle Under the Influence) charge can have severe repercussions. Warren criminal lawyer, Sean Logue, emphasizes that the penalties for such convictions are harsh and can lead to job loss for the driver.

Immediate Consequences

BAC Testing and License Surrender

If you’re a CDL-licensed driver and your BAC (blood alcohol content) exceeds the legal limit or you refuse chemical testing, you must immediately surrender your CDL license. Failing to do so will result in a first-degree misdemeanor charge.

• Below .04% BAC: Immediate 24-hour “out of service” placement.
• Above .04% BAC or Refusal: One-year CDL suspension for a first offense.

Repeat Offenses

A second OVI offense with a BAC over .08% results in a permanent loss of the CDL. This is in line with the Ohio Revised Code, effective since January 27, 2012, and applies even if the offense occurs out-of-state.

Additional Penalties

Beyond these, court-imposed penalties may include a suspension from driving any motor vehicle, not just commercial ones.

Implied Consent and CDL Holders

Legal Obligations

CDL holders, by accepting their license, agree to chemical testing (blood, breath, urine) anytime requested by law enforcement. Under Section 4511.191 of the Ohio Revised Code, refusal results in an Administrative License Suspension (ALS) and disqualification from operating commercial vehicles.

Appeal Process

To avoid disqualification, CDL holders must appeal the ALS within 30 days of their initial court appearance for the OVI charge. Even if acquitted, failure to appeal the ALS results in disqualification.

• First Offense: One-year disqualification.
• Second Offense: Lifetime disqualification, unless altered by the United States transportation secretary and director of public safety.

Legal BAC Limit for CDL Drivers

Lower Threshold

The legal BAC limit for CDL drivers is .04%, half the limit for the general adult population. Even if not driving at the time of arrest, a CDL holder can receive a year-long ALS.

Suspension Scenarios

• Refusal of Chemical Testing: One-year suspension.
• Influence of a Controlled Substance: One-year suspension.
• BAC of .04% or Higher: One-year suspension.
• Using Commercial Vehicle in Felony: One-year suspension.
• Hazardous Materials Transport: Three-year suspension for violations involving hazardous materials.

Driving Suspensions and CDLs

Limited Privileges

A CDL holder receiving an ALS cannot be granted work-related limited driving privileges if the job involves driving a commercial vehicle. However, limited driving privileges may be granted for court, medical appointments, school, or non-commercial work.

Federal Law Compliance

Disqualifications mandated by federal law cannot be shortened, altered, or canceled.

Second OVI Convictions for CDL Holders

Lifetime Loss

Typically, a second OVI conviction results in a lifetime CDL suspension. The exceptions involve “Out of Service” violations:

• First Violation: 90-day suspension.
• Second Violation: One-year suspension.
• Third Violation: Three-year suspension.

For more information and legal assistance, contact Sean Logue, an experienced Warren OVI lawyer, at (330) 992-3036.