Commercial drivers in Ohio face unique and stricter rules for operating a vehicle while under the influence (OVI). CDL drivers are held to a significantly lower blood alcohol concentration (BAC) limit, meaning that consuming even a small amount of alcohol could result in an OVI charge. CDL disqualifications apply even if the offense occurs in a personal vehicle. This provision can permanently impact a driver’s livelihood, even when the violation is unrelated to their commercial vehicle operation.
Defense Attorney for Commercial Drivers Charged with OVI in Cincinnati
Given how easily CDL drivers can be charged with operating a vehicle under the influence (OVI)—even for minor infractions like a BAC of just 0.04%—it is crucial for anyone facing such charges to consult a criminal defense attorney immediately. The Wieczorek Law Firm, LLC, led by a former Ohio prosecutor with over 16 years of experience, is ready to hear your case.
If you or someone you know has been charged with a Commercial OVI, contact Mark Wieczorek immediately.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of CDL DUIs in Ohio
- CDL OVIs under Ohio Law
- How Does a CDL OVI Affect Employment Opportunities?
- What Are the Insurance Consequences of CDL OVI?
- Can a CDL Be Reinstated After a Lifetime Disqualification?
- What Happens If an OVI Conviction Occurs in Another State?
- How Does the Federal Drug & Alcohol Clearinghouse Impact CDL Drivers?
- Are There Unique Rules for CDL Drivers Transporting Passengers?
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for a CDL OVI in Hamilton County, OH
CDL OVIs under Ohio Law
Operating a Commercial Vehicle With Prohibited BAC Levels
Under Ohio Revised Code Section 4506.15(A)(2), CDL drivers are prohibited from operating a commercial motor vehicle with a BAC of 0.04% or higher. The first offense results in a one-year CDL disqualification or a three-year disqualification if hazardous materials are involved. Additional penalties include fines ranging from $375 to $1,625, license suspensions for personal vehicles of up to three years, and possible jail time.
Repeat offenses result in much harsher consequences. A second offense within ten years leads to a lifetime CDL disqualification under Ohio Revised Code Section 4506.16(A). The court may also impose jail terms exceeding 20 days for multiple violations.
Operating Any Vehicle With Prohibited Controlled Substances
CDL drivers cannot operate any vehicle if they have measurable amounts of controlled substances in their system, as specified under Ohio Revised Code Section 4506.15(A)(1). Violations result in penalties similar to alcohol-related offenses, with lifetime disqualifications for repeat offenders.
Refusal to Submit to Chemical Testing
Drivers refusing chemical tests under Ohio Revised Code Section 4506.15(A)(8) face automatic disqualifications of one year for the first offense and lifetime disqualifications for subsequent violations. The refusal also results in mandatory license suspensions for personal driving privileges and potential court fines.
Violations Involving Non-Commercial Vehicles
Even if the offense occurs in a personal vehicle, CDL holders are subject to disqualification under Ohio Revised Code Section 4506.15(A)(6). For example, a first-time OVI conviction in a private car results in a one-year CDL disqualification. Repeat offenses result in permanent CDL loss.
How Does a CDL OVI Affect Employment Opportunities?
Most trucking companies have strict no-tolerance policies for alcohol or drug-related offenses, which often results in termination even for a first offense. Additionally, employers who transport hazardous materials or passengers are especially cautious about hiring drivers with an OVI history due to the liability risks. After a conviction, finding a new driving job can be difficult since employers will view a CDL OVI as a serious red flag. Even in cases where drivers are not immediately terminated, a license disqualification means they are unable to work during the suspension period, making it difficult to make ends meet.
What Are the Insurance Consequences of CDL OVI?
An overlooked consequence of any OVI is the significant increase in insurance costs. Drivers convicted of an OVI face much higher premiums for both personal and commercial insurance. In some cases, commercial insurers may refuse coverage entirely, disqualifying a driver from maintaining the required coverage for their job. Employers, too, may find their fleet insurance rates increase if a CDL driver on their roster has an OVI conviction, further discouraging companies from retaining or hiring drivers with these offenses.
Can a CDL Be Reinstated After a Lifetime Disqualification?
Although many lifetime CDL disqualifications are permanent, Ohio law under Ohio Revised Code Section 4506.16 allows some drivers to petition for reinstatement after ten years. Reinstatement often depends on the nature of the offense and whether the driver completes specific rehabilitation programs or meets other conditions, such as maintaining a clean driving record. However, certain offenses, such as using a commercial vehicle in the commission of a felony, may result in irrevocable lifetime disqualification.
What Happens If an OVI Conviction Occurs in Another State?
A CDL driver who is convicted of OVI in another state still faces penalties in Ohio. Under federal law, all states are required to report CDL violations to the Commercial Driver’s License Information System (CDLIS). An OVI conviction in another state will result in the same disqualification and penalties as if the offense occurred in Ohio. This applies to both commercial and personal vehicle offenses, making it essential for CDL drivers to understand the broad reach of their licensing requirements.
How Does the Federal Drug & Alcohol Clearinghouse Impact CDL Drivers?
The FMCSA Drug & Alcohol Clearinghouse serves as a centralized database for tracking CDL drivers’ drug and alcohol violations. A CDL OVI conviction, whether for alcohol or controlled substances, is recorded in this database. Employers are legally required to check the Clearinghouse before hiring CDL drivers, and any record of violations can disqualify a driver from employment nationwide. Additionally, drivers may need to complete a return-to-duty program to requalify for CDL operation, which is both time-consuming and costly.
Are There Unique Rules for CDL Drivers Transporting Passengers?
CDL drivers operating passenger vehicles, such as school buses, face stricter penalties for OVI-related offenses. Transporting passengers under the influence can result in felony charges, especially if the offense endangers the safety of passengers. Even a first offense can lead to severe penalties, including immediate disqualification, longer suspension periods, and harsher fines, as outlined in Ohio Revised Code Section 4506.15.
Frequently Asked Questions
- What is the legal BAC limit for CDL drivers in Ohio?
CDL drivers are prohibited from operating a commercial vehicle with a BAC of 0.04% or higher under Ohio Revised Code Section 4506.15(A)(2). - Can CDL holders be charged with OVI in a personal vehicle?
Yes, CDL holders face the same OVI consequences, including CDL disqualification, even if the offense occurs in a non-commercial vehicle under Ohio Revised Code Section 4506.15(A)(6). - What happens if a CDL driver refuses a chemical test?
Refusal results in an automatic one-year disqualification of CDL privileges under Ohio Revised Code Section 4506.15(A)(8). - What are the penalties for a first CDL OVI offense in Ohio?
A first offense results in a one-year CDL disqualification (three years if transporting hazardous materials) and other penalties, such as fines and possible jail time, under Ohio Revised Code Sections 4511.19 and 4506.15. - Can CDL drivers apply for limited driving privileges during suspension?
Limited driving privileges may be granted for personal vehicles under Ohio Revised Code Section 4510.021, but CDL privileges remain suspended. - Are CDL holders eligible for diversion programs in Ohio?
CDL holders are generally excluded from diversion programs due to federal regulations and Ohio’s strict rules under Ohio Revised Code Section 4506.15. - How long is the CDL disqualification for a second OVI offense?
A second offense results in lifetime disqualification under Ohio Revised Code Section 4506.16(A). - What substances are prohibited for CDL drivers?
CDL drivers cannot operate a vehicle with any detectable amount of controlled substances, including amphetamines, cocaine, and marijuana, as specified under Ohio Revised Code Section 4506.15(A)(1). - Can a CDL disqualification be appealed?
Yes, CDL disqualifications can be appealed by requesting a hearing with the Bureau of Motor Vehicles (BMV) within 30 days of the disqualification notice.
Additional Resources
- Ohio Revised Code Section 4506.15: CDL Prohibited Acts – This source outlines specific restrictions and penalties for commercial drivers in Ohio, including lower BAC limits and prohibited substances. It explains the rules that apply to CDL drivers, the consequences for violations, and how the law treats repeat offenses or serious traffic violations. Readers can use this resource to understand CDL-specific legal requirements.
- Ohio Bureau Of Motor Vehicles: CDL Disqualifications – This source explains the rules and consequences of CDL disqualifications in Ohio. It details offenses that lead to disqualification, such as OVI, controlled substance use, or serious traffic violations. The source also describes the duration of disqualifications, the process for appealing, and how to meet reinstatement requirements after disqualification.
- Federal Motor Carrier Safety Administration: Drug & Alcohol Testing Program – This source outlines federal regulations for drug and alcohol testing for CDL drivers. It provides details about who is subject to testing, the testing process, and the substances tested for. Employers and drivers can learn about their responsibilities, compliance rules, and the consequences for violations under federal law.
Hire an Attorney for a CDL OVI in Hamilton County, OH
The Wieczorek Law Firm, LLC is a seasoned firm with experience defending commercial drivers accused of operating a vehicle while under the influence of drugs or alcohol.
If you or someone you know has been charged with a Commercial OVI, contact Mark Wieczorek immediately. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.