OVI / DUI & Commercial Drivers With CDL
If you have a commercial driver’s license (CDL) and are charged with DUI / OVI in Ohio, the consequences for you are especially serious. Not only will a conviction subject you to the same sentences for DUI / OVI as everyone else, but there will also be an impact on your CDL that could effectively end your driving career. This is true even if you were not driving a commercial vehicle at the time of the alleged offense. If you hold a CDL and have been charged with DUI / OVI in central Ohio, it is crucial that you are represented by a skilled DUI / OVI attorney.Administrative License Suspensions For Ohio CDL Holders
If you are a CDL holder arrested for DUI / OVI, even while driving a non-commercial vehicle, and a chemical test indicates an alcohol concentration above the legal limit, your operator's license will be subjected to an Administrative License Suspension for 90 days. If you have a CDL and you refuse a breath test, blood test, or urine test, your operator's license will be subjected to an Administrative License Suspension for one year. Those suspension are based on the assumption you do not have prior DUI / OVI convictions or prior test refusals. If you hold a CDL and have a detectable amount of alcohol in your system while driving a commercial vehicle, you will also be immediately placed out of service for 24 hours.
If the Administrative License Suspension (A.L.S.) described above is not terminated, the suspension will trigger a disqualification of your Commercial Driver License. A first A.L.S. will result in a one-year CDL disqualification. A second A.L.S. will result in a lifetime disqualification.
Although limited driving privileges may be granted for driving a non-commercial vehicle, no limited driving privileges will be granted for driving a commercial vehicle during the period of the Administrative License Suspension. A DUI / OVI attorney can file a motion to stay the A.L.S. and also file an appeal of the A.L.S. If a stay is granted, full driving privileges are restored while the case is pending. If the appeal is successful, the Administrative License Suspension is terminated, and the CDL should not be disqualified.The Impact Of DUI / OVI Convictions For CDL Holders
If a CDL holder is convicted of DUI/OVI, the result is a one-year CDL disqualification. If a CDL holder is convicted of a second DUI / OVI while driving a non-commercial vehicle, the result is a lifetime CDL disqualification. There are also additional charges that may be filed if the DUI / OVI occurred in a commercial vehicle and there was a chemical test refusal or a chemical test over the limit, which is lower in a commercial vehicle. These consequences are in addition to whatever sentence is imposed by the court.Strategies For Defending CDL Holders Charged With DUI / OVI
Representing a CDL holder involves the same thorough process as representing any client charged with DUI / OVI, but the stakes are higher for a CDL holder. We obtain discovery from the prosecuting attorney, conduct our own investigation, highlight evidence inconsistent with intoxication, and try to exclude any damaging evidence, such as field sobriety tests, breath tests, blood tests, and urine tests. We negotiate with the prosecuting attorney in an effort to reach a resolution that is fair and does not result in a CDL disqualification. If we cannot reach such an agreement, we may take the case to trial. To avoid a CDL disqualification, a CDL holder must avoid an OVI conviction and must also avoid an A.L.S. or have the A.L.S. terminated.
The Dominy Law practice is focused on DUI / OVI defense, and we have experience representing CDL holders. For more information about us, please see the firm overview. You can also see what our clients say and review our past case results. We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how our firm can help with your DUI / OVI involving a commercial driver’s license, EMAIL US or call us at 614-717-1177 to arrange a free consultation.