Super Lawyers 2022
PACDL
TOP 40
LEAD COUNSEL
National College for DUI Defense
Avvo Rating 10.0
NAOCDL

OVI Charges and Commercial Drivers

An OVI (Operating a Vehicle Impaired) charge carries serious weight in Ohio, and the stakes are even higher for anyone who holds a commercial driver’s license (CDL). For these professionals, an OVI offense isn’t just a legal headache—it can directly threaten how they put food on the table. Being charged with OVI, failing an OVI test, or refusing to take a chemical test can all lead to an immediate suspension or, in the worst case, full disqualification from holding a CDL. These consequences come on top of the standard penalties that any non-commercial driver would face.

If you or someone you know is dealing with OVI charges as a CDL operator, getting skilled legal help is essential. A knowledgeable Jefferson Ohio OVI attorney who understands how local laws apply to commercial licenses can carefully examine the details of your case and build a strong defense designed to weaken the prosecution’s argument. Contact the Youngstown Criminal Law Group for experienced guidance that protects your professional future.

OVI charges should never be taken lightly in Ohio, especially because of the damage they can do to people who hold a CDL. The Youngstown Criminal Law Group offers dedicated legal support to commercial drivers fighting OVI charges and other serious traffic-related accusations. We’re here to stand by you during the ALS appeal and hearing, all while preparing a strong defense for your day in court. Our role as your Jefferson Ohio criminal lawyer is to make sure your rights stay protected from start to finish.

Call us today at (330) 791-8104 for a free initial consultation. Our legal team will go over your situation carefully and walk you through every legal option available to you. We proudly serve clients throughout the Jefferson area and Ashtabula County.

Does a DUI Mean Losing Your CDL in Ohio?

If you’re pulled over on suspicion of DUI (Driving Under the Influence) while holding a CDL, you could face suspension or disqualification of your license. Ohio’s Bureau of Motor Vehicles (BMV) enforces tough rules to keep drinking and driving out of the commercial driving world. You can see this clearly in the legal BAC (Blood Alcohol Content) limit set for CDL drivers in Ohio, which sits at a strict .04 rather than the standard .08. A seasoned Jefferson Ohio OVI attorney can help you understand exactly what these limits mean for your case.

Refusing to take a chemical test for alcohol or drugs leads to an automatic one-year disqualification. The same penalty applies if you fail the test. Here are the disqualification periods that come with failing an OVI chemical test as a CDL holder:

  • Any detectable level of alcohol – Immediate 24 Hours Off-Duty
  • .04 on a Breathalyzer Test – One-Year Disqualification
  • .048 on a Blood Test – One-Year Disqualification
  • .056 on a Urine Test – One-Year Disqualification

You might think that an OVI conviction picked up during your personal time wouldn’t touch your career. Unfortunately, that’s not how it works. A conviction in any motor vehicle can trigger a CDL disqualification lasting up to a year. The same is true if you were under the influence of controlled substances.

The legal BAC for a CDL driver operating a commercial vehicle in Ohio is .04—exactly half of the standard legal limit of .08. It’s important to understand that even if the OVI didn’t happen while you were driving a commercial vehicle, a one-year ALS can still apply. This is one reason why speaking with a Jefferson Ohio criminal lawyer early on can make such a difference.

Ohio law allows a CDL to be suspended or revoked for a range of violations, including but not limited to:

  • BAC of .04 or above – one-year suspension per 4506.15(A)2
  • Operating under the influence of controlled substances – one-year suspension under 4506.15(A)5
  • Use of a commercial vehicle while committing a felony – one-year suspension under 4506.15(A)6
  • Refusing a blood, breath, or urine test – one-year suspension under 4506.15(A)7

For drivers who haul hazardous materials and are convicted of these offenses, the penalty jumps to a three-year disqualification under section 4506.16(B)6 of the Ohio Revised Code (ORC).

Commercial Driver’s License (CDL) Suspensions

Understanding Restrictions and Privileges After a Violation

For anyone holding a CDL, there are group restrictions the court must follow when a driver has been suspended for OVI (Operating a Vehicle Impaired), refusing a test, or failing one. The law spells this out plainly:

  • The court cannot allow a person to drive a CMV during a suspension period.
  • This rule includes a ban on driving CMVs for work purposes under the strict guidelines of R.C. §4506.161, which states:

“Limited driving privileges shall not be granted for the operation of a CMV to any individual whose driving rights have been suspended or who is disqualified from driving such a vehicle.”

Beyond that, any suspension of a commercial driver’s license will run alongside the suspension or disqualification under R.C. §4506.16. The Bureau of Motor Vehicles (BMV), following federal laws and standards, will hand down disqualifications, and these measures cannot be shortened or changed in any way. Having a dedicated Jefferson Ohio OVI attorney on your side helps you make sense of how these rules apply to your specific situation.

When a CDL holder is granted driving privileges, it’s important to realize that while they may drive for “employment purposes,” the law strictly forbids them from operating a CMV. To make this clear, the BMV recommends using specific wording in any legal paperwork that deals with the driving privileges of a CDL holder:

“The individual is sanctioned to drive a non-CMV for employment-related travel only. Operation of a vehicle that necessitates a CDL is strictly prohibited.”

How Can I Get My CDL Back After a DUI?

Restoring a CDL after a DUI is handled by Ohio’s BMV and runs separately from any criminal court case. For commercial drivers who want to challenge their CDL disqualification, the process looks like this:

  • File an appeal with the BMV by requesting a hearing within 30 days of receiving the disqualification notice.
  • If a hearing is granted, the disqualification is paused until a final decision is reached.
  • If you have legal representation, a skilled Jefferson Ohio criminal lawyer who focuses on CDL issues can guide you through every step.

If the hearing doesn’t go your way, you’ll need to take the following steps to get your license back:

  • Wait until your suspension or disqualification period ends.
  • Complete any sentence handed down by the court, which might include jail time or fines.
  • Finish any required courses aimed at substance and alcohol abuse recovery.
  • Take part in and successfully complete a remedial driving class.
  • Sit for and pass the CDL examination once more.
  • Pay the reinstatement fees, which run roughly $475.

Keep this in mind: a second DUI-related disqualification means your CDL is revoked for good. Under the law, any CDL driver with two OVI-related violations is permanently banned from operating a CMV.

Can You Get a CDL in Ohio After an OVI?

Earning a commercial driver’s license (CDL) after an Operating a Vehicle under the Influence (OVI) charge or conviction in Ohio is still possible. That said, anyone who has faced these legal challenges should know that their record will be closely reviewed when the Ohio Bureau of Motor Vehicles (BMV) looks at their background during the application process. A trusted Jefferson Ohio OVI attorney can help you prepare for this kind of scrutiny.

The BMV has full authority to turn down CDL applications, and a history of OVI can weigh heavily on their decision. Your dreams of building a career as a commercial driver could be cut short by past convictions, which is exactly why it’s so important to seek legal help to fight any OVI accusations. Successfully challenging these charges may keep them from becoming an obstacle in your professional path, especially when it comes to earning a CDL down the road.

Reinstating a CDL After Multiple DUI Offenses

A second OVI-related conviction can lead to a permanent suspension of your CDL. The exact circumstances and nature of the offense determine how long the disqualification lasts and what terms apply. Talking with a Jefferson Ohio criminal lawyer can help you understand where you stand:

  • A Blood Alcohol Concentration (BAC) of .04% or higher under ORC 4506.15(A)2 could result in a lifetime ban.
  • Operating under the influence of a controlled substance per ORC 4506.15(A)5 also carries a lifetime suspension.
  • Leaving the scene of an accident as outlined under ORC 4506.15(D) brings a lifetime suspension.
  • Using a commercial vehicle while committing a felony per ORC 4506.15(E) leads to a lifetime suspension.
  • Refusing a blood, breath, or urine test as described in ORC 4506.15(F) results in a lifetime suspension.
  • A first-time felony involving a controlled substance under ORC 4506.16(B)4 carries a lifetime suspension.
  • An initial Out of Service violation under ORC 4506.15(A)7 may result in a 90-day suspension.
  • A second Out of Service offense under ORC 4506.16(A)2 can lead to a one-year suspension.
  • A third Out of Service violation under ORC 4506.16(A)3 could mean a three-year suspension.

Further Reading and Resources

If you’d like more detailed information about disqualifications and how to deal with CDL violations, the following resources can help. A Jefferson Ohio OVI attorney can also point you toward the right materials for your case:

  • CDL Disqualifications | Ohio BMV: This is the official portal for Ohio’s Bureau of Motor Vehicles, where you’ll find thorough details about CDL disqualification, major violations involving alcohol or drugs, traffic infractions, border violations, and the process for appealing a CDL revocation.
  • Ohio CDL DUI Laws: For a complete overview of Ohio’s OVI legislation, visit the official site of the Ohio Revised Code. There, you can learn about the nature of the offense, its possible legal consequences, and other offenses tied to OVI.

At the Youngstown Criminal Law Group, we understand just how much your CDL means to your livelihood, and our attorneys are committed to representing commercial drivers of every kind—whether they’re truckers or working in the moving, construction, or utility industries. Our experience covers the tactics used by local law enforcement throughout Ashtabula County. As your dedicated Jefferson Ohio criminal lawyer, we know how to respond to those tactics effectively.

Our lawyers understand the unique challenges a CDL holder faces after an OVI charge in Ohio. Whatever your situation might be—from a disputed breathalyzer result to a refusal to take a chemical test—we encourage you to reach out. Call us at (330) 791-8104 to talk through your legal options with a committed Jefferson Ohio OVI attorney today.

Client Reviews

Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best...

Former Client

"He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions." Mr. Logue is good for one reason, he cares. A client is not a quick buck. His rates are reasonable too...

Former Client

"I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them." I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected...

Former Client

Get in Touch

Fill out the contact form or call us at (330) 791-8104
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message

I would like to receive text messages from Youngstown Criminal Law Group.