OVI with Commercial Driver’s License (CDL) with Penalties and ALS
ORC § 4506.16
Overview
If a CDL is suspended, you may not apply or receive another form of driver’s license and you may not receive driving privileges for the operation of a commercial vehicle, but the court may grant driving privileges for other purposes.
OVI With CDL Penalties
- Upon a first incident, one year suspension;
- Upon an incident of refusal or of a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance after one or more previous incidents of either refusal or of a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance, the person shall be disqualified for life or such lesser period as prescribed by rule by the registrar.
Refusing a Chemical Test
If you are operating a vehicle such as a truck with a commercial driver’s license (CDL), this means that you cannot refuse a chemical test. This is because in the state’s eyes, when you are privileged a CDL, you consent to a test or tests of blood, blood serum or plasma, breath, or urine for the purpose of determining the person’s alcohol concentration or the presence of any controlled substance.
Penalties for Refusing the Test
You will be notified by the police officer that if you refuse to take a chemical test, you will be placed out-of-service for a period of twenty-four hours, be disqualified from operating a commercial motor vehicle for a period of not less than one year, and be required to surrender the commercial driver’s license or permit to the officer.
Potential Defense
These tests may be given by a police officer or highway patrol officer if they have a reasonable ground to stop or detain you. This means that if the officer had no reasonable ground to stop you, the charges would be dismissed.
At Funkhouser Law, from the moment a client walks through the door, we presume that they are innocent until proven guilty in a court of law. As such, we work hard to accomplish the most favorable outcome for each of our clients. At Funkhouser Law, we fight for our clients, if there is a chance that the charges may be invalid or unwarranted. This is important because, an OVI charge will otherwise stay on your record for the rest of your life. If you have been charged with OVI with a CDL, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer.
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