Columbus CDL DUI Defense Attorney

If your commercial drivers license is in jeopardy due an OVI in Columbus contact LHA: (614) 500-3836.

OVI Charges in Columbus for CDL Drivers

If you drive for a living, your commercial driver’s license is your lifeline. A DUI can be devastating for CDL holders, even when not driving a commercial vehicle at the time. Also, if you’re working towards getting your license, you may be asking yourself: “Can I get a CDL with a DUI?” So, if you are applying for a commercial driver’s license after a prior DUI or have been arrested for OVI in Columbus and you’re worried about your CDL, it’s imperative to contact a Columbus CDL DUI defense attorney to help protect your livelihood.

Call Luftman Heck & Associates at (614) 810-4780 for a free consultation. Let our DUI lawyers review your situation and defend your CDL license.

What to Expect if You’re Charged with CDL DUI/OVI in Columbus

Facing a CDL DUI/OVI charge in Columbus is serious, with consequences that can include disqualification from driving commercial vehicles, even if the offense occurred in your personal vehicle. Ohio laws are stringent, with a CDL holder facing a one-year disqualification for a first DUI offense and lifetime disqualification for a second. The legal BAC limit for CDL drivers is .04, half the limit for non-commercial drivers. Without your CDL, you cannot work, making it essential to seek legal representation immediately.

Offenses Resulting in CDL Disqualification

Ohio Revised Code 4506.15 prohibits CDL drivers from:

Driving a commercial motor vehicle with any detectable amount of alcohol or drugs in the system
Driving with a BAC of .04 or higher
Operating any vehicle under the influence of controlled substances
Committing a DUI/OVI in any vehicle
Refusing to submit to a DUI test
Operating a commercial vehicle with a suspended or revoked license
Using a vehicle to commit a felony or causing a fatality due to negligence

Violating Ohio Rev. Code 4506.15 is a first-degree criminal misdemeanor that can result in up to 180 days in jail.

Additionally, Ohio Rev. Code 4506.161 prohibits judges from granting limited driving privileges to operate commercial vehicles for anyone whose driver’s license has been suspended or CDL has been disqualified, so an option that helps many people charged with OVI keep their jobs is not available for CDL holders.

CDL Disqualification Penalties

The period of disqualification (legally barred from driving any vehicle that requires a CDL) after an OVI varies based on the offense and whether you have previous DUIs.

Offense	Penalty
Two serious traffic violations in three years	60 days disqualification
Three serious traffic violations in three years	120 days disqualification
First conviction for driving with a BAC of .04 or higher	One year disqualification
First conviction for OVI / DUI in any motor vehicle	One year disqualification
First conviction for driving under the influence of a controlled substance	One year disqualification
First conviction for using a motor vehicle to commit a felony	One year disqualification
First conviction for refusing to submit to a blood, breath, or urine test	One year disqualification
Any of the above while driving a vehicle displaying a hazardous materials placard	Three years disqualification
Second conviction for driving with a BAC of .04 or higher	Lifetime disqualification
Second conviction for OVI / DUI	Lifetime disqualification
Second conviction for driving under the influence of a controlled substance	Lifetime disqualification
Second conviction for using a motor vehicle to commit a felony	Lifetime disqualification
Second conviction for refusing to submit to a blood, breath, or urine test	Lifetime disqualification
First conviction for using a motor vehicle to commit a felony drug offense	Lifetime disqualification

When you receive a notice that your CDL is being disqualified, you have the right to request a hearing within 30 days, and you get a stay of your disqualification until there is an outcome.

Administrative License Suspensions for Ohio CDL Holders

If arrested for DUI/OVI, your operator’s license will be subjected to an Administrative License Suspension (ALS):

90 days for the first offense if chemical tests indicate an alcohol concentration above the legal limit.
One year for refusing a chemical test.

These suspensions can lead to a one-year CDL disqualification. A DUI/OVI attorney can file a motion to stay the ALS and an appeal. If successful, the ALS is terminated, and the CDL remains valid.

How a Lawyer Helps After a CDL DUI/OVI Charge

Evaluation & Investigation: A thorough review of the case details, including the arrest and chemical tests, could identify procedural errors or rights violations.
Challenge Evidence: Your attorney can question the accuracy of DUI tests and the legitimacy of the traffic stop.
Defense Strategy: Develop a defense that may include demonstrating legally prescribed drugs or improper test administration.
Negotiating Pleas: Your lawyer can work with the prosecution to potentially reduce your charges to lesser offenses with lighter penalties that would not impact your CDL.
Representation in Court: A DUI lawyer can better advocate for your rights in all court proceedings.
Minimizing Penalties: Seek alternative sentencing options, treatment, or other options that let you keep your CDL.
Post-Conviction Guidance: Helping comply with court orders and prevent OVI offenses.

FAQs about CDL DUI/OVI Charges in Columbus

What are the legal BAC limits for CDL drivers?

CDL drivers can be disqualified for having a BAC of .04, half the usual Ohio legal limit of .08.

Can I be disqualified from driving a commercial vehicle for a DUI in my personal vehicle?

Yes, Ohio laws require a one-year CDL disqualification for a DUI conviction in any vehicle.

Can I get limited driving privileges after a CDL DUI/OVI?

No, Ohio law prohibits limited driving privileges for operating commercial vehicles during a CDL disqualification period.

What happens if I refuse a chemical test?

Refusing a valid test may result in an automatic one-year suspension for the first refusal and disqualification of your CDL.

Can a CDL DUI/OVI charge be reduced?

Yes, an experienced lawyer can negotiate with the prosecution to reduce charges to a lesser offense.

Facing a DUI in Columbus with a CDL? Contact LHA.

If you’ve been charged with an OVI / DUI and are a commercial driver, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus CDL DUI defense attorney to fight for you, contact LHA at (614) 500-3836 or contact us online. We offer free consultation and are available 24/7 to help.