Category Archives: DUI Trucking & CDL

Get information on issues affecting professional truck drivers and CDL holders.

Save Your CDL (by DaytonDUI)

I Fight For Commercial Drivers

Out of Service

Ohio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.

  • 4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days.
  • 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.

If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have one conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have one conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test will also result in a one year suspension of your CDL.

NOTE: If you are convicted of any of the above while operating a vehicle placarded for hazardous materials your disqualification increases to three years pursuant to O.R.C. 4506.16(B)(6).

A second conviction under any of the following statutes results in a lifetime suspension of your CDL, the so-called “Death Penalty.”

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have a second conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have a second conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test.
  • 4506.15(D) Leaving the scene of a traffic crash.
Ohio law also provides for a lifetime suspension if you are convicted of the commission of a felony with a controlled substance pursuant to O.R.C. 4506.16(B)(4).  This is one of the only lifetime suspensions upon a first conviction.
Commercial Drivers should also be aware of Out-of-Service violations which can result in lengthy suspensions:
  • 4506.15(A)(7) A first violation Out-of-Service results in a 90 day suspension.
  • 4506.16(A)(2) A second violation Out-of-Service is a one (1) year suspension.
  • 4506.16(A)(3) A third violation Out-of-Service results in a three (3) year suspension.
  • 4506.16(B)(1) A first violation Out-of-Service while transporting hazardous materials is a 180 day suspension
  • 4506.16(B)(2) A second violation Out-of-Service while transporting hazardous materials is a three (3) year suspension.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter@DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI

Ohio Commercial Driver Law: An Overview

I Fight For Commercial Drivers

US truck - California 2007

Ohio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.

  • 4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days.
  • 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.

If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have one conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have one conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test will also result in a one year suspension of your CDL.

NOTE: If you are convicted of any of the above while operating a vehicle placarded for hazardous materials your disqualification increases to three years pursuant to O.R.C. 4506.16(B)(6).

A second conviction under any of the following statutes results in a lifetime suspension of your CDL, the so-called “Death Penalty.”

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have a second conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have a second conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test.
  • 4506.15(D) Leaving the scene of a traffic crash.
Ohio law also provides for a lifetime suspension if you are convicted of the commission of a felony with a controlled substance pursuant to O.R.C. 4506.16(B)(4).  This is one of the only lifetime suspensions upon a first conviction.
Commercial Drivers should also be aware of Out-of-Service violations which can result in lengthy suspensions:
  • 4506.15(A)(7) A first violation Out-of-Service results in a 90 day suspension.
  • 4506.16(A)(2) A second violation Out-of-Service is a one (1) year suspension.
  • 4506.16(A)(3) A third violation Out-of-Service results in a three (3) year suspension.
  • 4506.16(B)(1) A first violation Out-of-Service while transporting hazardous materials is a 180 day suspension
  • 4506.16(B)(2) A second violation Out-of-Service while transporting hazardous materials is a three (3) year suspension.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI

 

Commercial Driver’s License Disqualification in Ohio

English: A sign that states "No Texting W...

You will lose your Ohio CDL for one year if convicted of any of the following offenses:

  • Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher
  • Driving a commercial motor vehicle (CMV) with a BAC of 0.04%
  • Refusing to submit to a sobriety test
  • Leaving the scene of an accident
  • Using the vehicle to commit a felony
  • Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL
  • Causing a fatality through negligent driving

Serious Offenses, These violations include:

  • Speeding 15 mph over the posted speed limit
  • Reckless driving
  • Improper lane changes
  • Following a vehicle too closely
  • Driving a CMV without holding a CDL
  • Driving a CMV without having your CDL in your possession
  • Driving a CMV without the proper CDL endorsement
  • Violating a state law of texting while driving

A second conviction of any combination of these violations will lead to the loss of your driving privileges for 60 days, or 120 days for a third or subsequent conviction of any combination of these offenses.  If you plan to fight your traffic ticket, Legal counsel will improve your chances for a favorable decision. This could mean reduced charges or ticket dismissal, possibly sparing you of points, the possible suspension of your Ohio driver’s license and increased auto insurance rates.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI

Driving Under Suspension in Ohio

Seal of Ohio
Image via Wikipedia

Ohio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today.

Types of Suspensions in Ohio

CDL Disqualifications in Ohio

Kenworth near Sears Boyle Heights , Los Angeles.

If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will result in an indefinite revocation of your CDL.  What is more, a court cannot give you privileges to operate a commercial vehicle while the case is pending and that a CDL suspension is in addition to any suspension that the court may impose.  If you drive for a living these penalties can be devastating for you and your family.

This article provides information on the types of suspensions, their length and the governing law.  Given the complexity of the statutes and the dire consequences for violations, it is advisable that you contact a qualified attorney to help you save  your career. Listed below are the additional CDL disqualifications, their length and the governing statute:

SERIOUS TRAFFIC VIOLATIONS WITHIN THREE YEARS

  • O.R.C.  4506.16(D)(5) Two Serious Traffic Violations within a three year period – 60 days
  • O.R.C.  4506.16(D)(6) Three Serious Traffic Violations within a three year period - 120 days

FIRST CONVICTIONS

  • O.R.C.  4506.15(A)(2) BAC of .04% or more in a commercial vehicle – 1 yr.
  • O.R.C.  4506.15(A)(5) DUI (even if in your private non-commercial vehicle) – 1 yr.
  • O.R.C.  4506.15(A)(6) Using your commercial vehicle in commission of a felony – 1 yr.
  • O.R.C.  4506.15(A)(7) Refusing to submit to a blood, breath or urine test – 1 yr.

NOTE: If convicted of any of the above while operating a vehicle placarded for hazardous materials, the disqualification increases to three years under 4506.16(B)6 of the ORC.

SECOND CONVICTIONS

  • O.R.C.  4506.15(A)(2) BAC of .04% or more – lifetime disqualification
    O.R.C.  4506.15(A)(5) A second conviction for DUI/OVI - lifetime disqualification
    O.R.C.  4506.15(D) Leaving the scene of a traffic crash - lifetime disqualification
    O.R.C.  4506.15(E) Using the commercial vehicle in the commission of a felony – lifetime disqualification
  • O.R.C.  4506.15(F) Refusing to submit to a blood, breath or urine test – lifetime disqualification
  • O.R.C.  4506.16(B)(4) First time commission of a felony with a controlled substance - lifetime disqualification

Under Ohio’s commercial driver’s license law, any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any state or jurisdiction. If any level of alcohol is detected, law enforcement can place a commercial driver out-of-service for 24 hours. It is illegal to operate a commercial vehicle with any alcohol in your system. A first Out-of-Service violation (O.R.C. 4506.15(A)(7)) will result in a 90-day disqualification and a second Out-of-Service violation (O.R.C. 4506.16(A)(2)) will result in a one year disqualification and a third Out-of-Service violation (O.R.C. 4506.16(A)(3)) will result in a three year disqualification.  Violations for Out-of-Service while transporting hazardous materials are governed by O.R.C 4506.16(B)(1) and O.R.C. 4506.16(B)(2).  A first HAZ-MAT Out-of-Service will result in a 180 day disqualification and a second will result in a three year disqualification.

“My dad was a driver. He hauled coal.  I don’t know what our family would have done if he was unable to drive.  I know and understand how to handle your case and get you back on the road.  Call me today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit me at www.DaytonDUI.com.  All I do is DUI defense.”

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