If you have your CDL (commercial driver’s license), you already know that you are held to a higher standard. The laws regulating your licensing and driving are more rigid and the penalties for violating them are more extreme. If you have an Ohio CDL or you are an out-of-state commercial driver and you are issued a ticket in Central Ohio, you should contact an attorney to discuss your case. In all likelihood, your license and therefore your job depend on the outcome.
For someone who drives for a living, points on your license are a bad thing. Both employers and insurance companies don’t like when you accrue points on your license. With the help of an Ohio CDL attorney, it is possible to obtain a reduction or dismissal of your charges allowing you to avoid the points.
If you hold an Ohio commercial driver’s license and are convicted of a traffic violation in Ohio, the Clerk of Courts will generally notify the Bureau of Motor Vehicles that you have a new conviction. Once the BMV gets that report of conviction, they will assess the points and disqualification periods accordingly.
If you hold an Ohio CDL and are convicted of a traffic related offense in another state, you must report that conviction within 10 days. Failure to report is a misdemeanor of the first degree.
If you hold an out-of-state CDL and are convicted of a traffic offense in Ohio, once the Ohio BMV gets a report of your conviction, they are required to notify the driver licensing authority in your state.
As if DUI law wasn’t technical enough, having your CDL adds even more issues to the mix. The allowable amount of alcohol is lowered and the periods of suspension are longer. If you are driving a commercial vehicle, even having any “measurable or detectable” amount of alcohol or controlled substance is a violation.
Upon request by the officer to take a chemical test to determine your blood alcohol level, refusing to submit or having your test come back above the legal limit will result in a one year disqualification of your CDL if it is your first offense. Upon a second offense or refusal, “the person shall be disqualified for LIFE or such lesser period as prescribed by rule by the registrar.”
Since limited privileges to drive a commercial vehicle cannot be granted by the court, it is important to hire an experienced DUI attorney to appeal your suspension and disqualification.