CDL Disqualification for DUI in Warren, Trumbull County, OH
Commercial drivers adhere to higher standards than other drivers in the USA, especially in Ohio. This is primarily due to two reasons. First, a commercial driver represents the image and professionalism of their employer. Second, operating large vehicles demands more professional and careful maneuvering. Accidents involving such vehicles can be catastrophic, often resulting in significant damage and, in many cases, fatalities.
If you’re a commercial driver operating a heavy-duty vehicle and you’ve been charged with a DUI, you risk losing your driving privileges and potentially your job. Additionally, the severity of the situation is heightened by the potential for fatalities. Therefore, the repercussions of such charges are severe.
Effects of DUI/OVI Arrest on CDL
The impact of a DUI on your CDL varies depending on the circumstances. If your Blood Alcohol Concentration (BAC) is at or just above the legal limit, the police will suspend both your CDL and your regular driver’s license. This is not a criminal penalty but a civil administrative license suspension (ALS). You will receive a temporary permit allowing you to drive only your personal vehicle. For BAC levels at or above the legal limit, the suspension lasts 90 days. If you refuse to submit to a chemical test, the suspension extends to one year.
Retaining your license may be possible if you are arrested for DUI due to impairment by substances or prescribed medications. In this instance, your BAC could be zero, but other probable causes may exist, potentially avoiding a license suspension.
The Legal Limit for Commercial Drivers
For commercial vehicle operators, the legal BAC limit is 0.4 or less. Exceeding this limit results in a DUI arrest and ALS. For personal vehicles, the legal BAC limit is 0.8. Exceeding this limit will lead to the loss of both driving privileges and your CDL.
Limited Driving Privilege Is Not Applicable for CDL
To challenge an ALS, you must request a hearing within 30 days. The ALS will be lifted if you can demonstrate compliance with the chemical test, that your BAC was not at or above the legal limit, or that the traffic stop was unlawful. Although challenging ALS is difficult, it is not impossible. A Warren criminal lawyer can assist you in this process.
After such an incident, your immediate actions should be to seek a limited driving privilege and connect with an experienced Warren OVI lawyer.
Notifying Your Employer
It is crucial to inform your employer immediately after being charged. Without your CDL, you are prohibited from driving a commercial vehicle to work, home, or any other location. The vehicle must remain roadside until your employer arranges for its collection.
Driving without a CDL can lead to further criminal offenses. Consequently, you cannot return to work until your CDL is reinstated. Your employer may terminate your employment due to their zero-tolerance policy.
Effects of DUI/OVI Conviction
Driver license suspension is a common consequence of DUI convictions. According to state and federal regulations, even DUI involving your personal vehicle results in losing your CDL. A DUI conviction leads to a one-year CDL suspension. If the vehicle was carrying hazardous materials, the suspension extends to three years. The CDL suspension process begins after your license suspension. Once both processes are complete, you can reinstate your personal license and CDL by passing the CDL driving and knowledge test and paying the required fees.To avoid these consequences, it is vital to seek assistance from a Warren OVI Lawyer.
Contact Warren Criminal Lawyer
We are here to listen to your case and guide you towards the best resolution. For more details, get in touch with us today or call us at (330) 992-3036 .If you or a loved one is facing this scenario, it’s imperative to contact a Warren criminal lawyer immediately. The Youngstown Criminal Law Group has a team of experienced lawyers ready to help you manage your case.