CDL and OVI in St. Clairsville

The professionals at Youngstown Criminal Law Group will immediately tell you that receiving an OVI when you operate a vehicle as a CDL-licensed driver is a terribly serious matter. The penalties and repercussions that are attached to an OVI conviction are incredibly harsh and can easily lead to the permanent loss of employment for the commercial driver in Ohio.

If you happen to be a CDL-licensed driver and your BAC (blood alcohol content) tests above the legal threshold, or if you outright refuse to participate in any chemical testing, you are legally mandated to immediately surrender your CDL license to authorities. If you fail or refuse to do so, you will subsequently be charged with a serious misdemeanor of the first degree. Seeking guidance from a trusted St. Clairsville criminal lawyer is highly recommended in these complex situations.

Should you submit to testing and your resulting BAC is found to be below 0.04 percent, you will instantly be put “out of service” for 24 hours. If you refuse to participate in the required testing entirely, or if your BAC registers above 0.04 percent, your commercial driver’s license will face a suspension for a full year, assuming this is your very first offense.

If this incident marks your second time being stopped by law enforcement for an OVI, and you failed the BAC test (meaning your blood alcohol content registered at over 0.08 percent), you will end up losing your CDL license permanently. This specific segment of the law went into effect on January 27, 2012, and it remains applicable even if your driving offense was committed in an entirely different state. In addition to these severe penalties, once you appear in Belmont County court, you will likely face additional consequences, such as a complete suspension from driving any motor vehicle at all. To navigate these legal hurdles, consulting a St. Clairsville OVI attorney is a vital step.

Implied Consent and a CDL License

Just like any standard driver on the road, a CDL holder inherently agrees, simply by signing to accept their commercial license, to willingly submit to chemical testing of their blood, breath, or urine whenever a police officer or state trooper formally requests it of them. The law explicitly states, found in Section 4511.191 of the Ohio Revised Code, that if the CDL holder refuses this request, they will immediately be hit with an Administrative License Suspension (ALS) and they will be legally disqualified from operating any commercial motor vehicle.

Because of this severe additional consequence, it is absolutely vital that a CDL holder who has been handed an ALS file file a formal appeal within 30 days of their initial court appearance regarding the OVI charge. A knowledgeable St. Clairsville criminal lawyer understands that the only way to avoid being permanently disqualified from driving a commercial vehicle is to have the ALS successfully reversed. Even if the driver is eventually acquitted of all underlying charges, if they have not successfully appealed the ALS, they will legally remain disqualified.

The very first time this situation happens, the commercial driver’s disqualification will last for exactly one year in length. The second time it occurs, the disqualification is for life, unless the United States transportation secretary and the director of public safety decide to amend the rules.

Legal BAC Limit for CDL Licensees

The strictly enforced legal BAC limit for CDL drivers is significantly lower than that of the general population of everyday drivers. For a CDL holder, the legal limit is exactly half that of every other adult on the road, which is 0.04 percent. Even if a commercially-licensed driver was not actually driving a commercial truck at the time they were arrested for an OVI, they can still receive a year-long ALS. Speaking with a St. Clairsville OVI attorney can clarify these nuanced legal details.

A CDL can be suspended for several different infractions:

• Refusing to submit to requested chemical testing results in a mandatory one-year suspension.
• Being found under the influence of any controlled substance earns a driver a one-year suspension.
• Having a BAC of 0.04 percent or higher also results in a strict one-year suspension.
• Using your commercial truck, bus, or other commercial vehicle in the active commission of a felony will similarly earn a driver a one-year suspension.
• If the commercial driver happens to be driving a vehicle that prominently features placards indicating that their current load contains hazardous materials, they will be suspended for three full years.

Driving Suspensions and CDLs

If a CDL driver receives an ALS, they are generally not permitted to be granted work-related limited driving privileges if that specific work involves driving a commercial vehicle. You may possibly be granted limited driving privileges so you can legally commute to court, the doctor, school, or your place of employment, but that employment absolutely cannot be driving a commercial vehicle. Because these specific disqualifications are mandated by strict federal law, they cannot be shortened, modified, or cancelled. A seasoned St. Clairsville criminal lawyer can help explain the full extent of these federal regulations.

Second OVI Convictions for CDL Holders

Under the vast majority of circumstances, if you are convicted of a second OVI, you will lose your CDL for the remainder of your life. The only times that this strict rule changes are detailed as follows:

• 1st Out of Service violation: 90-day suspension
• 2nd Out of Service Violation: 1 year
• 3rd Out of Service Violation: 3 years

The St. Clairsville OVI attorney at Youngstown Criminal Law Group possesses the extensive experience and legal tenacity necessary to passionately fight for you and protect your rights. Call today at (330) 791-8104.