CDL Disqualification for DUI in Youngstown
The commercial drivers are held at a higher standard than the other drivers in the USA, especially in Ohio. There are generally, two reasons for that. On one hand, a commercial driver is responsible for upholding the image and professionalism of their employer. On the other, a commercial driver generally operates a big vehicle which deserves more professional and careful maneuvering. In case, this vehicle causes an accident, it will be catastrophic. The other car involved in the accident generally suffers from heavy damage and it causes the deaths of one or more individuals.
So, if you are a commercial driver and driving a heavy-duty vehicle, and you have been charged with DUI, then it is more likely that it might lead to losing your driver’s privileges as well as your job. Also, in your case, the possibility of potential deaths will be considered too. Hence, the consequences of the charges will be serious too. If you or your loved one is in a situation like this, then you need to immediately get in touch with a Youngstown OVI Lawyer. Come to Youngstown Criminal Law Group. Our team of Youngstown Criminal Lawyer will be able to help you deal with the case.
Effects of DUI/OVI Arrest on CDL
The effects of DUI on your CDL can be different in various circumstances. For cases where your BAC is at or just above the legit limit, the police will suspend the CDL and the normal driver’s license. It is not a criminal penalty but a civil administrative license suspension or ALS. You will get a temporary permit that will only let you drive your personal vehicle. For the BAC at or above the legit limit, the suspension will be of 90 days. If the offender fails to submit for a chemical test, the suspension will be for one year.
The way to retain the license is if you get arrested for DUI charges for being impaired due to the consumption of a substance or prescribed medicine. In this case, your BAC can be zero, but there will be other probable causes. This might not lead to license suspension for you.
The Legit Limit for Commercial Drivers
For commercial vehicles, the legal limit of BAC is 0.4 or less. If you blow at or above the limit, it will result in DUI arrest and ALS. For your personal vehicle, the legal limit of BAC is 0.8. Blowing at or above that will lead to losing driving privileges and CDL.
Limited Driving Privilege Is Not Applicable for CDL
For challenging ALS, you need to file a request for a hearing within 30 days. The ALS will be only lifted if you show that you complied with the chemical test, or BAC was not at or above the legit limit, or the underlying traffic stop was unlawful. Even though it is not easy to challenge an ALS, it is not impossible. Our Youngstown Criminal Lawyer will help you with that.
Once this incident happens, your immediate work will be to seek the limited driving privilege and to connect with an experienced Youngstown OVI Lawyer.
Notifying Your Employer
It is necessary that you notify your employer immediately after the charges. Without your CDL, you are not allowed to drive the commercial vehicle to work, to home, or to any safe area. The vehicle will have to wait by the side of the road unless your employer arranges for it to get collected.
As driving without CDL can lead to more criminal offenses, you cannot return to work after being charged until you get your CDL back. In this case, the employer might let you go due to their zero-tolerance policy.
Effects of DUI/OVI Conviction
The suspension of the driver’s license is a common crime. According to the state and federal regulations, drunk or drugged driving, of even your personal vehicle, will lead to losing CDL. If you are convicted of DUI, you will lose the CDL.
For your first DUI offense, you will get a one-year suspension of your CDL. In case the vehicle was carrying hazardous material, it will lead to three years suspension. CDL suspension process can begin after your license suspension. Once the license suspension and CDL disqualification process are done, you can reinstate your personal license and CDL. You have to go through the CDL driving and knowledge test, and pay fees. To avoid all these consequences, you need to connect with a Youngstown OVI Lawyer.
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