Columbus OVI/DUI Attorney Blog
A truck driver hauling 43,000 pounds of beer was charged with DUI (called ‘OVI’ in Ohio). According to KRCR TV, the driver’s blood alcohol content was ‘over the limit’ for both commercial drivers and non-commercial drivers. While the irony of a beer deliverer being charged with DUI may sound comical, a commercial driver would find nothing funny about being charged with OVI. For holders of a commercial driver’s license (CDL), the rules related to OVI are strict, and the consequences are severe.
Implied Consent for CDL Holders
According to Ohio Revised Code section 4506.17, CDL holders implicitly consent to drug/alcohol testing by law enforcement officers. This implied consent applies if the CDL holder is driving a commercial vehicle and also applies even if the CDL holder is driving a personal vehicle. If a law enforcement officer has a reasonable ground to believe a CDL holder operated a motor vehicle while having a detectable amount of alcohol or controlled substance in the driver’s blood/breath/urine, the officer can direct the driver to submit to a blood/breath/urine test.
Refusal. If the driver is in any motor vehicle and refuses a test, the driver’s CDL is disqualified. For a first incident, the disqualification is for one year. For a second incident, the disqualification is for life.
Test Over Limit. If the driver is in a commercial vehicle, takes a test, and produces a result ‘over the limit’, the driver’s CDL is disqualified. The ‘legal limit’ for alcohol is lower in a commercial vehicle (.04%) than it is for a non-commercial vehicle (.08%) For a first incident, the disqualification is for one year. For a second incident, the disqualification is for life.
A.L.S. If the driver is in any vehicle and is subjected to an Administrative License Suspension (ALS), the driver’s CDL is disqualified pursuant to Ohio Revised Code section 4506.16. An administrative license suspension is imposed when a person is arrested for OVI, asked to submit to a blood/breath/urine test, and either refuses or produces a result ‘over the limit’ for non-commercial drivers. For a first ALS, the disqualification is for one year. For a second ALS, the disqualification is for life.
OVI Convictions for CDL Holders
According to Ohio Revised Code section 4506.16, a CDL holder is subject to a CDL disqualification if the CDL holder is convicted of violating divisions (A)(2) through (A)(12) of Ohio Revised Code section 4506.15. Division (A)(6) of section 4506.15 prohibits driving a motor vehicle in violation of Ohio Revised Code section 4511.19 (OVI). According to the Ohio BMV’s interpretation of these laws, if a CDL holder is convicted of OVI, that person’s CDL is disqualified. For a first OVI conviction, the CDL disqualification is for one year. For a second OVI conviction, the disqualification is for life.
Avoiding a CDL Disqualification
In a nutshell, a CDL holder’s CDL is disqualified if one of the following occurs: (1) the driver refuses a blood/breath/urine test requested by a law enforcement officer; (2) the driver takes a blood/breath/urine test requested by a law enforcement officer, and the result is ‘over the limit’; or (3) the driver is convicted of OVI.
For a CDL driver charged with OVI, avoiding a CDL disqualification is complicated. The case must be resolved with no record of refusing a test, no record of testing ‘over the limit’, and no OVI conviction. As a practical matter, a CDL driver also needs to avoid a driver’s license suspension, as Ohio Revised Code section 4506.161 says driving privileges cannot be granted for operating a commercial vehicle. Although avoiding a CDL disqualification is complicated, it is not impossible, and our firm has achieved this many times.