- April 9, 2018 |
- Category: DUI and Courtroom Process
If you hold a commercial driver’s license (CDL) and get charged with an Ohio DUI, the consequences you face are extremely serious. The normal Ohio DUI penalties apply, meaning on a first offense you face mandatory jail time up to six months, a mandatory fine up to $1075, mandatory license suspension up to three years and possible substance abuse treatment. To make matters worse, your CDL is in jeopardy, even if you weren’t driving a commercial vehicle at the time of the offense.
If you took a chemical test (breath, blood or urine) at the time of the DUI incident, and the test indicates your blood alcohol concentration was above the legal limit, your driver license is immediately suspended for ninety days, even on a first offense. If you have a CDL and you refuse a chemical test (breath, blood or urine) your driver’s license is immediately suspended for a full year, again, even for first time offenders. While Ohio courts routinely grant driving privileges for non-commercial drivers, the law does not permit the court to give driving privileges for someone driving a commercial vehicle.
Fortunately, you have the opportunity to appeal the administrative license suspension in either of the situations described above, that being a test above the legal limit, or a refusal. If you do not appeal the license suspension, you will lose your CDL automatically, even on a first offense. Obviously, it is imperative to appeal the license suspension in an effort to get it terminated. However, that’s just the first step. Even if you’re successful in getting your administrative license suspension terminated, your CDL might still be in jeopardy.
A conviction for DUI in Ohio also means a mandatory one-year license suspension which in turn means a one-year commercial driver license suspension. Thus, not only do you have to successfully appeal the administrative license suspension, you also have to get the DUI charge dismissed or reduced to a lower level offense. If you do both of those things, you should be able to hold on to your standard driver license as well as your commercial driver license, which would be a very favorable outcome.
There is a lot on the line in DUI cases involving a commercial driver license. A conviction or license suspension almost certainly means the loss of your job. In these types of cases, I strongly encourage you to find an experienced Ohio DUI lawyer to help maximize your chances of success. I have successfully represented commercial drivers charged with DUI in Ohio.
No DUI arrest is perfect and the best Ohio DUI/OVI lawyers know this. Most Ohio DUI investigations involving CDLs include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes.
There are over a million laws in the United States and thousands in the state of Ohio alone. I am a top Ohio DUI lawyer who focuses his entire practice on just one. Because of my considerable experience and concentrated practice, I understand the Ohio DUI/OVI laws better than most attorneys and can use my knowledge and experience to save your CDL. I am passionate about Ohio DUI/OVI defense and I get results. If you have an Ohio DUI case and want a top Ohio DUI/OVI lawyer to represent you, please give me a call.
