Ohio law treats all driver’s licenses equally regardless of the type of vehicle a person is operating. This means that a CDL driver who enters a guilty plea or is found guilty of DUI / OVI in Ohio while operating their personal vehicle will have both their personal driver’s license suspended and their commercial driving certification suspended.
How to Lose Your CDL in Ohio for DUI / OVI
If you are convicted or enter a guilty plea in Ohio to DUI / OVI, you will have your driver’s license suspended. However, Ohio also has an implied consent law. This law provides that the refusal to submit to a chemical test (breathalyzer, urine test or blood test) will result in the suspension of your driver’s license. This is called an administrative license suspension (ALS). The grounds for issuing an ALS include:
- Having a blood alcohol content of 0.08 or higher for a person over 21 years of age driving their own vehicle or 0.04 for a CDL driver in a commercial vehicle.
- Refusing to provide a breath, urine or blood sample after being arrested for DUI / OVI.
Consequences for a CDL Suspension in Ohio
An ALS takes immediate effect in Ohio. The person subject to an ALS will be unable to drive and ineligible for driving privileges for 15 days to 3 years depending on the circumstances. A second or subsequent ALS will last even longer.
Furthermore, a first conviction or guilty plea to DUI / OVI in Ohio will bring forth a mandatory one year license suspension, which can be reduced to 6 months if driving privileges are granted and an ignition interlock device is used. Subsequent DUI / OVI convictions can result in significantly longer periods of suspension or lifetime prohibition against having a driver’s license.
For CDL driver’s, however, Ohio does not permit the operation of a commercial vehicle while under an ALS or court-ordered suspension. Thus, losing a CDL for a DUI / OVI conviction may result in losing your job.
How to Fight a DUI / OVI Driver’s License Suspension
Those charged with DUI / OVI in Ohio have 30 days from their initial appearance to file an administrative license suspension appeal. Lifting an ALS for a commercial driver’s license requires a hearing or agreement between the prosecutor and your attorney. It is highly advisable that you hire an attorney to represent you because the process is quite different from proceedings in court.
Driving privileges for commercial purposes will not be granted if an ALS appeal is denied. Moreover, a court-ordered CDL suspension as part of a DUI / OVI conviction means that you cannot drive commercially until the entire suspension period expires.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.