It’s illegal in Ohio for anyone to operate a commercial vehicle while under the influence of any detectable amount of alcohol or illegal drug. Even if you were caught driving under the influence of your personal vehicle, your CDL would also be in jeopardy.
When your CDL is suspended, you are potentially out of work and run the risk of not being able to make ends meet. If you are facing a CDL suspension because of an OVI offense, you will need the guidance of an experienced defense attorney who will protect your driving privileges and your career.
Columbus, OH CDL Suspension Defense Lawyer
The Joslyn Law Firm knows how important your CDL is to your career, and we will aggressively fight to make sure you keep that privilege. Call (614) 300 - 3025 to schedule a confidential consultation.
The Joslyn Law Firm represents clients in counties in central Ohio including Franklin County, Delaware County, Union County, Madison County and many others.
- Why would my CDL be Suspended in Ohio?
- How Long will my CDL be Suspended?
- Appealing a Suspended CDL in Ohio
- Additional Resources
A commercial driver’s license is required for drivers who operate heavy vehicles. These vehicles can include busses, box trucks, passenger vans and 18-wheelers. Because these vehicles are larger than a standard vehicle, CDL drivers are held to a higher standard.
There are acts under Ohio law prohibited by CDL holders. These acts are listed in section 4506.15 of the Ohio Revised Code, and they include the following:
- Operate a commercial motor vehicle with any detectable amount of alcohol in your breath, urine or blood
- Drive a CMV with a BAC of .04 or higher
- Operate a CMV under the influence of a controlled substance
- Refuse to submit to a chemical test while operating a CMV
There are other prohibited acts under section 4506.15 of the ORC not related to OVI. These acts include:
- Operating a CMV with a suspended, revoked, canceled or disqualified CDL permit or license
- Cause the death of another person while operating a CMV
- Failing to stop after an accident
- Use a CMV to commit a felony offense
If you are found to have commented any of the prohibited acts mentioned above, you could be charged with a first-degree misdemeanor. A first-degree misdemeanor is punishable by the following:
- 180 days in jail
- Up to $1,000 in fines
You could also be faced with an out-of-service mandate or a CDL suspension that can last for as little as one day to life.
If you are found guilty of violating any of the prohibited acts, your CDL will be suspended or out-of-service for a certain time. How long your license is suspended will depend on the severity of your violation.
Listed below is the possible length of suspension based on the offense.
24-Hour Out-of-Service Order:
- Alcohol detected during a breath test but was under .04
- Two serious traffic violations within three-years.
- First out-of-service order violation
- Three serious traffic violations within three-years
- First out-of-service order violation while transporting hazardous materials
- BAC of .04 or more
- Chemical test refusal
- OVI with a controlled substance
- Second out-of-service order violation
- BAC of .04 or more while transporting hazardous material
- OVI with a controlled substance while transporting hazardous material
- Refusing a chemical test while transporting hazardous material
- Two serious traffic violations within three years while transporting hazardous material
- Three serious traffic violations within three years while transporting hazardous material
- Second out-of-service order violation while transporting hazardous material
- Third out-of-service order violation
- Second conviction of a BAC of .04 or more
- Second conviction of an OVI with a controlled substance
- Second chemical test refusal
- Using a CMV to commit a felony offense
- A felony conviction involving a controlled substance
If you believe you were wrongly convicted or your rights were violated, you only have 30 days from your suspension notice to request an administrative hearing with the Bureau of Motor Vehicles. If you fail to request an administrative hearing within the 30 days, the suspension becomes final.
All CDL suspensions are handled by the BMV. If you are granted a hearing, your suspension period will be halted pending the outcome. During this hearing, it’s advised you show the court why your CDL should not be suspended.
An attorney with Joslyn Law Firm can represent you during this hearing. It can also act as an opportunity for your attorney to gain crucial information for your criminal case.
CDL Prohibited Acts– Follow this link to read the full text of the statute governing prohibited acts by commercial driver’s license holders. You can read the precise legal definition of each act and the penalties you could face. The statute can be read on the Ohio Laws and Rules website.
Commercial Driver’s License Suspension | Ohio BMV– Visit the Ohio BMV website to gain access to more information regarding CDL suspensions. The site features information on out-of-service orders and definitions and information related to suspensions.
CDL Suspension Attorney in Columbus, OH
When your CDL is suspended, you are out of work. If you believe you were wrongly convicted of a crime that resulted in your CDL being suspended, contact Joslyn Law Firm. Call (614) 300 - 3025 to schedule a confidential consultation.
Our attorneys represent clients in counties in central such as Pickaway County, Fairfield County and Licking County.