Commercial Vehicle Offenses
You need your commercial driver’s license to perform your job. Without it, you’d be out of work and have a difficult time making ends meet. The majority of commercial vehicles are much larger than the average car or truck. As a result, commercial vehicle drivers are held to a higher standard than regular drivers.
Operating a commercial vehicle under the influence of alcohol or drugs is illegal, and the status of your CDL could be in jeopardy if you’re caught. Even if you are charged with a DUI in your personal vehicle, your commercial driver’s license could be suspended.
Columbus, OH Commercial Vehicle DUI Defense Lawyer
By viewing this page, you already understand the seriousness of the charges against you. We know how vital your CDL is to your career, and we will aggressively fight on your behalf to ensure you keep that privilege.
Call to schedule a confidential consultation. Joslyn Law Firm defends those accused of OVI crimes in counties such as Franklin County, Union County, Delaware County and Madison County.
- Prohibited Acts for Commercial Drivers
- Impact of DUI on CDL
- How to Reinstate a CDL in Ohio
- Additional Resources
There are specific actions commercial driver are prohibited from doing. Ohio law makes it illegal for a commercial driver to do any of the following:
- Drive a commercial vehicle with a concentration of .04 or more of alcohol
- Operate a commercial vehicle under the influence of a controlled substance
- Use a motor vehicle to commit a felony offense
- Refuse to submit to a chemical test
- Operate a commercial vehicle with a suspended driver’s license or CDL
- Cause the death of another person while operating a commercial vehicle
- Fail to stop after an accident
- Use a motor vehicle to commit a felony drug offense
Committing any of these acts is a first-degree misdemeanor. A first-degree misdemeanor is punishable by up to 180 days in jail and a fine up to $1,000. You could also face an out-of-service mandate or a CDL suspension.
There is one major difference between commercial drivers and regular drivers. CDL drivers cannot have any presence of drugs or alcohol in their system when operating a commercial vehicle. This means a commercial driver can be charged with a DUI if they have a BAC of .04 or any detectable amount of a controlled substance in their system.
If convicted, you will face the same charge as a typical DUI. A first offense is classified as a first-degree misdemeanor punishable by up to 180 days in jail, up to $1,000 in fines or a combination of both. The biggest consequence, though, is the suspension of your CDL for a year.
You could also face a year CDL suspension if you refuse to submit to a chemical test. By possessing a commercial driver’s license, you agree to let the state conduct a chemical test when you are pulled over for suspicion of driving under the influence. This is called implied consent, and it’s listed under section 4506.17 of the Ohio Revised Code.
You may be able to have your CDL reinstated when it’s suspended, but numerous conditions must be met. The requirements to reinstate a CDL vary based on the offense resulting in the suspension, but some of them may include:
- Serve the full suspension
- Complete all court-ordered punishments
- Finish a remedial driving course
- Pay a reinstatement fee
You may also be required to retake the CDL knowledge and skills test if your license was downgraded or if it was expired for more than six months during the suspension.
Prohibited Acts | Ohio Revised Code– Follow the link to learn more about the actions prohibited for commercial vehicle drivers in Ohio. You can read the precise legal definition of each prohibited act. The statute can be read on the Ohio Laws and Rules website.
Commercial Driver License Disqualification | Ohio BMV– Visit the Ohio Bureau of Motor Vehicles to learn more about CDL disqualifications. You can also gain access to definitions and information regarding CLD suspension and appeals of disqualification.
Commercial Vehicle DUI Defense Attorney in Columbus, OH
Joslyn Law Firm will do everything in its power to prevent your CDL from being suspended. Call to schedule a confidential consultation.
Joslyn Law Firm defends clients of OVI crimes in central Ohio counties such as Pickaway County, Fairfield County and Licking County.