OVI and Commercial Drivers

In Ohio, the consequences of an OVI (Operating a Vehicle Impaired) charge are severe, especially for individuals who possess a commercial driver’s license (CDL). For professionals with a CDL, an OVI offense can lead to more than just legal penalties; it can jeopardize their entire livelihood. An OVI charge, failing a chemical test, or refusing to take one can result in an immediate suspension or even disqualification from holding a CDL. These penalties are in addition to the standard consequences faced by non-commercial drivers.

If you or someone you know is a CDL holder facing an OVI charge, it is vital to secure skilled legal representation. A lawyer proficient in Ohio’s OVI laws concerning commercial licenses can analyze your case to build a strong defense against the prosecution. Contact a New Castle DUI lawyer for expert legal counsel to safeguard your professional future.

DUI Legal Assistance for CDL Operators in New Castle, OH

OVI charges in Ohio are a grave issue, with potentially career-ending consequences for those with a CDL. A New Castle criminal lawyer can provide essential legal expertise to commercial drivers fighting OVI and other serious traffic allegations. Our goal is to support you through the administrative license suspension (ALS) appeal and hearing, while simultaneously constructing a formidable defense for your court proceedings.

Contact us today for a complimentary initial consultation. Our legal team will thoroughly review the details of your situation and explain all available legal strategies. We serve clients throughout the New Castle area and Coshocton County.

Does a DUI Mean Losing Your CDL in Ohio?

Being pulled over on suspicion of DUI (Driving Under the Influence) as a CDL holder can result in the suspension or disqualification of your license. Ohio’s Bureau of Motor Vehicles (BMV) has strict regulations to prevent drinking and driving among commercial drivers. This is reflected in the legal Blood Alcohol Content (BAC) limit for CDL drivers in Ohio, which is a strict .04, half the standard .08 limit. A knowledgeable New Castle DUI lawyer can help you navigate these complex regulations.

Refusing to submit to a chemical test for alcohol or drugs leads to an automatic one-year disqualification. Failing the test carries the same penalty. The following are the disqualification periods for a CDL holder who fails an OVI chemical test:

• Any detectable amount of alcohol – Immediate 24-hour out-of-service order
• .04 on a breathalyzer test – One-year disqualification
• .048 on a blood test – One-year disqualification
• .056 on a urine test – One-year disqualification

It’s a common misconception that an OVI conviction received during personal time won’t affect a commercial driving career. Unfortunately, this is incorrect. A conviction in any type of motor vehicle can lead to a CDL disqualification for up to one year. This also applies if you are under the influence of controlled substances. A New Castle criminal lawyer can clarify how these rules apply to your specific case.

Ohio’s CDL Drivers and Legal Alcohol Limits

The legal BAC for a CDL driver operating a commercial vehicle in Ohio is .04, which is half of the standard .08 legal limit. It is important to understand that even if the OVI did not occur while driving a commercial vehicle, a one-year administrative license suspension can still be imposed. A New Castle DUI lawyer can provide guidance on these matters.

Ohio law specifies that a CDL can be suspended or terminated for numerous violations, including:

• BAC of .04 or higher – one-year suspension per 4506.15(A)2
• Operating under the influence of controlled substances – one-year suspension under 4506.15(A)5
• Using a commercial vehicle to commit 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 transporting hazardous materials who are convicted of these offenses, a three-year disqualification is imposed under section 4506.16(B)6 of the Ohio Revised Code (ORC). A New Castle criminal lawyer can help you understand the specific penalties you may be facing.

Commercial Driver’s License (CDL) Suspensions

Understanding Restrictions and Privileges After a Violation

For individuals holding a CDL, there are absolute restrictions that courts must adhere to if the driver is suspended for an OVI, refusing a test, or failing a test. The law is explicit on this matter. A New Castle DUI lawyer can explain these restrictions in detail.

The court is not authorized to grant permission for individuals to operate a Commercial Motor Vehicle (CMV) during a suspension period. This restriction includes driving CMVs for work-related purposes, as outlined in 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.”

Furthermore, any suspension of a CDL will run concurrently with the suspension or disqualification under R.C. §4506.16. The Bureau of Motor Vehicles (BMV), following federal laws and standards, will enforce these disqualifications, and they cannot be altered or reduced.

When a CDL holder receives driving privileges, it’s crucial to recognize that while they may be permitted to drive for “employment purposes,” they are strictly forbidden from operating a CMV. The BMV recommends using specific language in legal documents concerning the driving privileges of a CDL holder, as a New Castle criminal lawyer would advise:

“The individual is permitted to drive a non-CMV for employment-related travel only. Operation of a vehicle requiring a CDL is strictly forbidden.”

How Can I Regain My CDL Following a DUI?

The process of restoring a CDL after a DUI is managed by Ohio’s BMV and is handled separately from criminal court proceedings. For commercial drivers wishing to challenge their CDL disqualification, a New Castle DUI lawyer can be an invaluable asset.

• 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 made.
• If you have legal representation, an experienced Ohio New Castle criminal lawyer specializing in CDL matters can provide assistance throughout this process.

If the hearing does not result in a favorable outcome, the following steps are required to reinstate your license:

• Wait for your suspension or disqualification period to end.
• Complete all court-ordered sentencing, which may include jail time or fines.
• Finish any required substance and alcohol abuse recovery programs.
• Participate in and successfully complete a remedial driving course.
• Retake and pass the CDL examination.
• Pay the reinstatement fees, which are approximately $475.

It is critical to be aware that a second DUI-related disqualification will lead to the permanent revocation of your CDL. Under Ohio law, any CDL driver with two OVI-related offenses is permanently barred from operating a CMV.

Can You Obtain a CDL in Ohio with an OVI?

It is still possible to obtain a commercial driver’s license (CDL) in Ohio after an Operating a Vehicle under the Influence (OVI) charge or conviction. However, applicants who have faced such legal issues must understand that their background will be closely examined by the Ohio Bureau of Motor Vehicles (BMV) during the application process. A New Castle DUI lawyer can offer advice on this process.

The BMV has the full authority to deny CDL applications, and a history of OVI can be a major factor in their decision. Aspirations for a career as a commercial driver can be derailed by past convictions. Therefore, it is essential to seek legal help from a New Castle criminal lawyer to fight any OVI allegations. Successfully challenging these charges might prevent them from becoming an obstacle to your professional goals, especially when it comes to obtaining a CDL in the future.

Reinstating a CDL After Multiple DUI Offenses

A second OVI-related conviction can lead to a permanent suspension of your CDL. The specific details and nature of the offense determine the length and conditions of the disqualification:

• A Blood Alcohol Concentration (BAC) of .04% or higher under ORC 4506.15(A)2 may 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 defined under ORC 4506.15(D) results in a lifetime suspension.
• Using a commercial vehicle during the commission of a felony as per ORC 4506.15(E) leads to a lifetime suspension.
• Refusing to take 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 lead to a 90-day suspension.
• A second Out of Service offense under ORC 4506.16(A)2 can result in a one-year suspension.
• A third Out of Service violation according to ORC 4506.16(A)3 could mean a three-year suspension. A New Castle criminal lawyer can help interpret these complex statutes.

Further Reading and Resources

To access more detailed information about CDL disqualifications and how to manage infractions, you can consult the following resources:

• CDL Disqualifications | Ohio BMV: This official portal for Ohio’s Bureau of Motor Vehicles offers comprehensive information on CDL disqualification, major violations involving alcohol or drugs, serious traffic infractions, border crossing violations, and the process for appealing a CDL revocation.
• Ohio CDL DUI Laws: For a complete overview of Ohio’s legislation regarding OVI, visit the Ohio Revised Code’s official website. Here, you can learn about the offense, its legal consequences, and other related offenses.

Legal Support for CDL Holders Facing OVI Charges

We recognize the importance of your CDL to your career, and our attorneys are dedicated to representing a wide range of commercial drivers, including truckers and those in the moving, construction, or utility industries. Our experience covers the strategies of local law enforcement within Coshocton County, including both the New Castle Police Department and the Coshocton County OVI Task Force. A New Castle DUI lawyer from our Youngstown Criminal Law Group is prepared to defend your rights.

Our legal team is familiar with the unique challenges a CDL holder faces after an OVI charge in Ohio. Regardless of the circumstances—whether it’s a disputed breathalyzer result or a refusal to take a chemical test— we encourage you to reach out to us at (330) 992-3036 for a discussion about your legal options.