For commercial truck drivers, the ability to legally behind the wheel is crucial to their employment. A CDL suspension can be detrimental to their driving career. After a DUI conviction, drivers can lose the right to drive for extended periods of time, in addition to penalties such as jail time, fines or both.
The best way to avoid a lengthy suspension is to avoid a conviction. If you are worried about protecting all that you have worked for as a commercial truck driver, experienced legal counsel can help you challenge the charges. Your future and career are important.
Ohio DUI Defense Lawyer for Commercial Drivers
A DUI conviction can change the course of your life, especially if you will not be able to continue on your career path. If you are a commercial driver charged with drinking and driving, it is imperative you act fast. Contact the experienced legal team at Joslyn Law Firm to build a steady defense against the charges.
The attorneys at Joslyn Law Firm have years of experience fighting for the rights of those facing DUI and OVI charges. They understand the battle you face, and they can help ensure your rights are represented. Call (513) 339-6289 to speak one-on-one with a lawyer about your unique situation. They represent clients throughout the Greater Cincinnati area, and they can help make a difference in your case.
Information About CDL Suspension After a DUI
- DUI Affects on CDL License
- CDL Suspensions after a DUI
- Reinstating a Commercial Driver's License in Ohio
In Ohio, commercial vehicles are defined under Ohio Revised Code §4506.01. They include school busses, 18-wheelers, construction vehicles and many others. These drivers are forced to operate under a different set of rules when it comes to alcohol and DUI-related offenses.
One of the biggest differences is that commercial truck drivers cannot have any presence of alcohol in their systems when driving a commercial vehicle. This means a commercial driver can face DUI charges even if he or she only has a BAC of 0.04 percent or any trace of a controlled substance.
This offense could be considered a first-degree misdemeanor, punishable by up to 180 days in jail, up to $1,000 in fines or both. However, one of the serious consequences could be a CDL disqualification. A commercial license could be disqualified for several reasons, including refusing to submit to a chemical test after a DUI stop.
Additionally, a driver could face DUI charges and a suspension of his or her CDL if he or she has a BAC of 0.08 percent while operating any other motor vehicle. For example, if a commercial driver is behind the wheel in his or her own personal vehicle and is arrested for a BAC of .09 percent, the CDL still could be suspended.
A commercial driver could lose his or her CDL for certain criminal convictions. Some of the possible suspensions for a first conviction for DUI-related offenses include:
- BAC of .04% or more – One-year suspension
- Under influence of controlled substance – One-year suspension
- Refusing to submit to a blood, breath or urine test – One-year suspension
If a person is convicted of any of those offenses while operating a vehicle placarded for hazardous materials, the disqualification increases to three years, according to 4506.16(B)6 of the ORC. Also, when a person is convicted of a second offense, the CDL penalties increase:
- BAC of .04% or more – Life suspension
- Under influence of controlled substance – Life suspension
- Refusing to submit to a blood, breath or urine test – Life suspension
These suspension penalties apply even if the driver was not driving a commercial vehicle at the time of the offense. After a second conviction, the driver would not be able to obtain limited driving privileges to operate a commercial vehicle.
Once your license is suspended or disqualified, according to the Ohio Bureau of Motor Vehicles, you will be required to notify your employer. This must be done before the end of the business day following the day you received notice of the action. Your employer then can take action.
A CDL holder can have his or her license reinstated after a suspension, but the requirements to do so will vary based on the offense that lead to the disqualification. After a DUI conviction, a driver trying to reinstate his or her CDL may be required to:
- Wait out the duration of the suspension or disqualification
- Complete court-ordered punishments, such as jail time
- Complete remedial driving course
- Retake license test
- Pay reinstatement fees, which could total $475
Drivers must retake the CDL knowledge and skills tests if their license class was downgraded or if their license was expired for more than six months during your suspension. However, if a driver is convicted of a second DUI, he or she likely would not be able to reinstate driving privileges.
Finding the Best DUI Defense Attorney for Commercial Drivers
Getting a favorable outcome after a DUI charge is important, and the legal team at Joslyn Law Firm can help you. One arrest should not have to change the course of your life and your career. Brian Joslyn can help you fight the charges and defend your rights. Call (513) 339-6289 for a free consultation.