FAQs – How do DUI’s affect CDL’s?

How do DUI’s affect CDL’s?

DUI With a CDL Defense Lawyers

If you drive a commercial vehicle, you have a much greater responsibility than the average driver. Therefore, the consequences are much more severe when you fail to uphold this responsibility.

It is important to note that a DUI can affect your CDL (commercial drivers license), regardless of whether or not you were driving your commercial vehicle at the time of the violation. In other words, if you are charged with a DUI while driving your own personal car, you may be facing the same penalties for your commercial driver’s license as well.

Regardless of your situation, you need legal counsel. The DUI/OVI defense attorneys at The Farrish Law Firm, L.P.A. can help you through this difficult time. Fill out the form above or call us at (513) 438-0463  for immediate assistance. Click here for more information on the various DUI penalties and here for answers to questions we are frequently asked.

Is the BAC the same for a regular license DUI and a commercial license DUI?

As mentioned before, you are held to a higher standard when you slip behind the wheel of a heavier vehicle, whether for work purposes or other. For a regular driver’s license, you can be convicted of a DUI if your blood alcohol content (BAC) is at .08 percent or more. For a commercial driver’s license, you can be convicted if it is .04 percent or more.

DUI’s, CDL’s, and ALS’s

If you were pulled over for drunk driving and you refused to take the sobriety test at the law enforcement’s request, the officer may take your driver’s license immediately. This is known as an Administrative License Suspension (ALS).

If this is your case, it is critical that you contact a DUI defense attorney as soon as possible to find out what options you have. It may be possible to challenge your ALS by filing an appeal with the court, but you must act quickly, as there is a limited amount of time to make your appeal. If the court finds that the ALS was illegally imposed by the arresting officer, or if appropriate legal procedures was not followed, they may declare your ALS void and terminate it.

If it is found to be valid, you will have what is known as a “hard suspension” period where you will not be able to drive any vehicle at all. Once this waiting period passes, you may be granted limited driving privileges for employment (and other) purposes, but not to drive a commercial vehicle. There are no driving privileges for a car.

Again, we highly recommend you talk with a DUI defense attorney for guidance.

Receiving a Notice for CDL Disqualification

If you have received a notice that your CDL will be disqualified and you wish to contest it, you have 30 days from the time it was mailed to request a hearing from the Ohio BMV. If the courts accept your request for a hearing, the disqualification will be placed on hold until the hearing’s outcome.

If you are unable to successfully challenge your CDL disqualification and if this was not your second offense, you can most likely reinstate your license at the end of your one year suspension/disqualification period. In order to do this, you will have to pay a $475 reinstatement fee for a DUI/OVI conviction or BAC test refusal or failure. This is on top of any court fees and other penalties.

Note: If this is your second time being convicted of a DUI, you could lose your CDL for life. This does not just apply to alcohol but any controlled substance. This also applies to refusing to submit to a blood, breath, or urine test.

If you have been charged with or convicted of a DUI and you are a driver of a commercial vehicle, contact us for help.

ATTORNEY KELLY FARRISH

Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]