Posts Tagged ‘semi tractor trailer’

CDL Disqualifications in Ohio

September 27th, 2011
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.”

Related articles