CDL and OVI in Steubenville
As an esteemed Steubenville OH OVI lawyer, Sean Logue goes above and beyond to highlight the serious consequences that come with receiving an OVI charge for CDL-licensed drivers. The penalties for such a conviction can be severe, potentially resulting in immediate job loss.
For CDL-licensed drivers, the legal limit of blood alcohol content (BAC) carries significant weight. Going over this limit or refusing chemical testing will result in the immediate surrender of the CDL license and may lead to a first-degree misdemeanor charge if non-compliance persists.
If tests reveal a BAC below .04 percent, the driver will be subject to a 24-hour “out of service” status. However, refusing testing or having a BAC above .04 percent will result in a one-year suspension of the CDL license for a first offense.
In the case of a subsequent OVI stop, accompanied by a BAC test failure (i.e. exceeding .08 percent), the CDL license will be permanently revoked, even if the offense occurred in another state. This law, enacted on January 27, 2012, remains firm.
Apart from these penalties, legal procedures can introduce further consequences, including the suspension of driving privileges for any motor vehicle.
Implied Consent and a CDL License
When it comes to implied consent and a CDL license, holders are bound by the commitment they make when they obtain their license. They agree to undergo chemical testing when requested by an officer or state trooper, which may include blood, breath, or urine samples. Failure to comply with this requirement, as outlined in Section 4511.191 of the Ohio Revised Code, will result in an Administrative License Suspension (ALS) and disqualification from operating commercial motor vehicles.
Given this additional consequence, taking immediate action becomes imperative for CDL holders facing an ALS. Filing an appeal within 30 days of the initial court appearance for the OVI charge is the only way to avoid disqualification from driving commercial vehicles. Even if the driver is acquitted of all charges, failing to successfully appeal the ALS will maintain the disqualification.
For a first-time offense, the driver will face a one-year disqualification. Subsequent offenses will result in a lifetime disqualification, unless authorities amend the regulations under the guidance of the United States transportation secretary and director of public safety.
As a highly reputable Steubenville OH criminal lawyer, Sean Logue understands the urgency and importance of addressing an OVI charge for CDL-licensed drivers.
By restructuring the information and enhancing its delivery, we can make the intricacies of OVI charges for CDL-licensed drivers more engaging and understandable.
Legal BAC Limits for CDL Licenses
If you hold a commercial driver’s license (CDL), it’s crucial to be aware of the lower legal blood alcohol concentration (BAC) limit imposed on CDL holders compared to the general population. CDL holders are held to a stricter standard of 0.04 percent. Even if you weren’t actively driving while apprehended for operating a vehicle under the influence (OVI), you can still face a one-year administrative license suspension (ALS).
Various situations can lead to CDL suspensions, including:
- Refusing chemical testing, which results in a one-year suspension.
- Operating under the influence of a controlled substance, which leads to a one-year suspension.
- Having a BAC of 0.04 percent or higher, resulting in a one-year suspension.
- Using a commercial vehicle in the commission of a felony, warranting a one-year suspension.
If you’re operating a vehicle with hazardous materials placards, a three-year suspension will be imposed.
Driving Suspensions and CDLs
When it comes to driving suspensions and CDLs, it’s important to note that if you receive an ALS as a CDL holder, you are prohibited from obtaining work-related limited driving privileges if the work involves operating a commercial vehicle. However, limited driving privileges may be granted for court appearances, medical visits, school, or non-commercial work.
Please bear in mind that disqualifications mandated by federal law cannot be shortened, changed, or canceled.
Second OVI Convictions for CDL Holders
For CDL holders, a second OVI conviction typically results in a lifetime CDL suspension. However, there are a few exceptions:
- A first out-of-service violation leads to a 90-day suspension.
- A second out-of-service violation carries a one-year suspension.
- A third out-of-service violation entails a three-year suspension.
If you’re facing OVI charges or need assistance with CDL-related matters, don’t hesitate to get in touch with Sean Logue, an experienced and tenacious Steubenville OH criminal lawyer. We are here to fight for your rights. Contact us at (330) 992-3036.
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