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CDL Disqualification for DUI in Columbus
In the United States, especially in Ohio, commercial drivers are held to a stricter standard than regular drivers. This is mainly for two key reasons. First, as a commercial driver, you represent your employer, and there’s an expectation to maintain a professional reputation. Second, operating large commercial vehicles requires a high level of skill and caution. Accidents involving these vehicles can be catastrophic, often leading to severe damage and, in the worst cases, fatalities.
If you are a commercial driver in Columbus, Ohio, and face a DUI charge, the consequences can be life-altering. Beyond losing your driving privileges and potentially your job, the charges will also consider the severe risk to public safety. In this situation, it is vital to get immediate legal help from a Columbus federal criminal lawyer. At Youngstown Criminal Law Group, our experienced team is ready to provide the support and guidance you need.
How a DUI/OVI Arrest Affects Your CDL
The impact of a DUI/OVI (Operating a Vehicle Impaired) arrest on your Commercial Driver’s License (CDL) varies based on the specific details of your case.
- If your blood alcohol concentration (BAC) is at or slightly above the legal limit, both your CDL and your regular driver’s license will be suspended. This is a civil penalty known as an administrative license suspension (ALS), not a criminal one.
- You will be issued a temporary permit that only allows you to drive your personal vehicle.
- For a BAC at or above the legal limit, the suspension period is 90 days.
- If you refuse a chemical test (like a breathalyzer), the suspension increases to one year.
It’s important to note that you can still be arrested for a DUI even if your BAC is zero, especially if impairment is due to a controlled substance or prescribed medication. However, this may not always lead to an immediate license suspension. An Ohio federal crimes attorney can help you understand the nuances of your specific situation.
The Legal Limit for Commercial Drivers
For drivers of commercial vehicles, the legal BAC limit is 0.04% or lower. If you are tested at or above this limit while operating a commercial vehicle, you will be arrested for a DUI and face an ALS. In contrast, the legal limit for drivers operating personal vehicles is 0.08%. Exceeding this limit in your personal car will also result in the suspension of both your regular driving privileges and your CDL.
This is where working with a knowledgeable Ohio federal crimes attorney can make a major difference in the outcome of your case.
Limited Driving Privileges and Your CDL
Facing an ALS can be challenging, but you have options. You must request a hearing within 30 days of the suspension. The ALS can be challenged on several grounds:
- You can prove you complied with the chemical test request.
- Your BAC was not at or above the legal limit.
- The initial traffic stop was unlawful.
Challenging an ALS is difficult, but it’s not impossible. Our team of skilled lawyers is here to guide you. Once you find yourself in this situation, your priority should be seeking limited driving privileges. Our experienced Columbus federal criminal lawyer is just a phone call away to help you with this process.
Notifying Your Employer
Informing your employer about the charges is a critical step. With your CDL suspended, you are legally unable to operate a commercial vehicle. This means you cannot drive the company vehicle to work, home, or to a secure location. The vehicle may have to be left by the roadside unless your employer can arrange for it to be collected.
Driving a commercial vehicle without a valid CDL is a separate criminal offense. Therefore, you cannot return to your job until your CDL is reinstated. Unfortunately, many employers have zero-tolerance policies regarding DUIs and may terminate your employment. An Ohio federal crimes attorney can advise you on how to handle communication with your employer.
Consequences of a DUI/OVI Conviction
The effects of a DUI/OVI conviction are severe. According to both state and federal laws, operating any vehicle under the influence—whether it’s your personal car or a commercial truck—will lead to the loss of your CDL.
- First DUI Offense: Your CDL will be suspended for one year.
- Offense with Hazardous Materials: If your vehicle was transporting hazardous materials at the time, the suspension is extended to three years.
The CDL suspension can begin after your regular driver’s license suspension ends. Once both suspension periods are complete, you can apply to reinstate your personal license and your CDL. This will require you to retake the CDL driving and knowledge tests and pay all necessary fees. To avoid these harsh outcomes, it is crucial to contact a Columbus federal criminal lawyer as soon as possible.
Contact a Columbus, Ohio Criminal Lawyer Today
Contact our Columbus, Ohio, criminal lawyers today! We will listen carefully to the details of your case and provide you with the expert guidance needed to work toward the best possible resolution. Don’t wait— get in touch with us now for more information and to start building your defense. Call Ohio federal crimes attorney today at (330) 992-3036 for a free, confidential consultation.