CDL and OVI Charges in Youngstown

Holding a Commercial Driver’s License (CDL) implies a higher standard of responsibility on the road. The attorneys at Youngstown Criminal Law Group emphasize that facing an OVI (Operating a Vehicle Impaired) charge as a CDL holder is a uniquely perilous legal situation. The potential penalties following a conviction are incredibly strict and often lead to immediate termination of employment, effectively ending a professional driving career.

If you are a driver with a commercial license and are found to have a Blood Alcohol Content (BAC) exceeding the legal limit, or if you refuse to undergo chemical testing during a traffic stop in Mahoning County, the law requires you to surrender your CDL immediately. Failing to hand over your license at the scene can result in being charged with a first-degree misdemeanor.

The outcome of the chemical test dictates the immediate administrative consequences. If you submit to the test and your BAC registers below .04 percent, you will be placed “out of service” for a mandatory 24-hour period. However, the stakes are much higher for refusals or higher limits. If you refuse the test entirely, or if your BAC registers at or above .04 percent, your commercial license will be suspended for one full year, assuming this is your first offense. Given the complexity of these regulations, consulting a Youngstown DUI attorney is essential to understanding your rights and options.

For those facing a second OVI stop where the BAC test is failed (specifically, a BAC over .08 percent), the consequences become permanent. Under a law enacted on January 27, 2012, a second offense results in the lifetime loss of your CDL. It is crucial to note that this statute applies regardless of whether the previous offense occurred in Ohio or another state. Beyond administrative penalties, a court appearance can lead to further sanctions, such as a complete suspension of driving privileges for any motor vehicle, not just commercial ones.

Implied Consent and CDL Licenses

When you sign up for and accept a commercial license, you enter into an agreement known as “implied consent.” This means you agree to submit to chemical testing of your blood, breath, or urine whenever requested by a police officer or state trooper. According to Section 4511.191 of the Ohio Revised Code, refusing this request triggers an Administrative License Suspension (ALS) and disqualifies you from operating a commercial motor vehicle.

Because this disqualification is automatic and severe, it is vital that any CDL holder issued an ALS files an appeal within 30 days of their initial court appearance. A knowledgeable Youngstown criminal lawyer can guide you through this time-sensitive process. The only method to avoid disqualification from driving a commercial vehicle is to successfully have the ALS reversed. Even if you are eventually acquitted of the OVI charges in court, the disqualification remains in effect if the ALS was not successfully appealed.

For a first-time refusal or failure, the disqualification lasts for one year. A second instance results in a lifetime disqualification, a rule that can only be altered by the United States transportation secretary and the director of public safety.

Legal BAC Limits for Commercial Drivers

The threshold for intoxication is significantly stricter for commercial drivers compared to the general public. While the standard legal limit is .08 percent, the limit for a CDL holder is cut in half to just 0.04 percent. This strict standard applies at all times; even if a commercially licensed driver is stopped for OVI while driving their personal vehicle, they still face a one-year Administrative License Suspension.

A CDL can be suspended for various specific infractions, including:

• Refusal to test: Denying a chemical test request results in a one-year suspension.
• Controlled substances: Being under the influence of drugs leads to a one-year suspension.
• BAC violation: Registering a BAC of 0.04 percent or higher triggers a one-year suspension.
• Felony usage: Using a commercial bus, truck, or other vehicle to commit a felony results in a one-year suspension.
• Hazmat violation: If the driver is operating a vehicle placarded for hazardous materials at the time of the offense, the suspension increases to three years.

To navigate these specific variables and build a robust defense, it is advisable to retain a Youngstown DUI attorney who understands the nuances of commercial driving regulations.

Driving Suspensions and Work Privileges

If a CDL driver is hit with an ALS, they are generally prohibited from receiving work-related limited driving privileges if that work involves operating a commercial vehicle. While a judge may grant privileges to drive to court, medical appointments, school, or a non-driving job, these privileges do not extend to reinstatement behind the wheel of a truck or bus.

Because these disqualifications are mandated by federal law, they are rigid. They cannot be shortened, modified, or canceled by a local judge.

Second OVI Convictions

In the majority of scenarios, a second OVI conviction means losing your CDL for life. However, there are specific suspension durations related to “Out of Service” violations that a Youngstown criminal lawyer can help you understand:

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

If you are a commercial driver facing these life-altering charges in Mahoning County, do not face them alone. The Youngstown Criminal Law Group has the experience and tenacity required to fight for your career and your future. Contact a Youngstown criminal lawyer at 412.387.6901 today to discuss your case.