CDL Truck Drivers and DUI

Effective 2005, any  person driving a non-commerical vehicle but possessing a CDL charged with Ohio DUI / Ohio OVI  will result in CDL sanctions.  For instance, being charged with Ohio DUI / Ohio OVI in your private vehicle will be just as detrimental to your CDL as if you were driving your commercial vehicle. 

You wil be placed out of service for 24 hours and then court and/or BMV sanctions may kick in depending upon your record

Sometimes it is better, much better, to take a test if you are a commercial driver and hold a CDL

Beware, that effective 2005, DUI arrests in private vehicles will impact your CDL. Make sure you lawyer completely understands the 2005 CDL amendments.

Current Issues (2006) for CDL and Ohio DUI / OVI laws:

CDL OVI laws apply to private vehicles being driven by CDL holders

On 08-17-06, Ohio law expanded the testing period from 2 hours to 3 hours. However, legislature forgot to amend the CDL statute so it remains a 2 hour window (NOTE: this will eventually get amended with little or no notice)

Refusing a blood / breath / urine test in a commercial vehicle results in a 1 year CDL disqualification.  Also, commercial refusals are separate crimes (Ohio R.C. 4506.15(A)(7))

A Second Refusal (in a lifetime) is a lifetime CDL disqualification

The Ohio BMV is currently disqualifying CDL prior to disposition of DUI cases (for a positive test or refusal).  Appeals need to be made under O.R.C. 4506.17 and request a hearing