Commercial Driver's License (CDL)

As of 2005, any person possessing a CDL driving a non-commercial vehicle, and charged with OVI/DUI/DWI will face additional CDL sanctions. It is of no consequence that the CDL holder being charged with OVI/DUI/DWI was in their private vehicle. An OVI/DUI/DWI charge is just as detrimental as if the accused were driving his or her commercial vehicle.

Pursuant to Ohio Revised Code §4506.17, a holder of a CDL is deemed to have given consent to a test or tests of the person's whole 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 or a metabolite of a controlled substance.

If the CDL holder refusals to submit to the test, the CDL holder will immediately be placed out-of-service for twenty-four hours and will be disqualified from operating a commercial vehicle for a period of not less than one year. The CDL holder is required to surrender the CDL to the peace officer.

If the CDL holder submits to the test, and the test discloses the presence of a controlled substance or an alcohol concentration of four-hundredths of one per cent (.04%) or more by whole blood or breath, the CDL holder shall surrender the person's commercial driver's license to the peace officer, and the CDL will be suspended for one year for a first offense.

If the CDL holder refuses to submit to the test on a second occasion, or submits to the test on a second occasion, and the test discloses the presence of a controlled substance or an alcohol concentration of four-hundredths of one per cent (.04%) or more, then the CDL holder shall be disqualified for life or such lesser period as prescribed by rule by the BMV.

Also, refusal to submit to a blood, breath or urine test is treated as separate offense pursuant to Ohio Revised Code §4506.15(A)(7) and §4506.17.

The Ohio BMV will disqualify a CDL holder prior to the final resolution of the DUI case (for a positive test or refusal). The BMV will notify a CDL holder who is subject to the disqualification of the length of the disqualification, and that the driver may request a hearing within thirty days of the mailing of the notice to show cause why the driver should not be disqualified from operating a commercial motor vehicle. If a request for such a hearing is not made within thirty days of the mailing of the notice, the order of disqualification is final; therefore, if a CDL holder wishes to protect their permit, they should contact an attorney and take action immediately.

If you have been charged with an OVI/DUI/DWI and you have a CDL, it is imperative that you contact an attorney. Please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.