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COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE:
Commercial Driver’s License (CDL) holders are held to a different standard than non-CDL holders, even when operating non-commercial vehicles.
TRAFFIC OFFENSE ACTS RESULTING IN CDL DISQUALIFICATION IN OHIO:
- If a CDL holder is arrested for OVI and refuses to consent to a breath, blood, or urine test, or is convicted of an OVI offense (even while operating a non-commercial vehicle), his or her CDL will be subject to disqualification for at least one year, and may be subject to a lifetime disqualification, depending on his or her circumstances.
- Generally, Ohio law provides for CDL disqualifications under the following circumstances:
| Alcohol/Drug Violations | First Offense | Second Offense |
| Alcohol/Drug Test Refusal in any Motor Vehicle (MV) | One year | Lifetime |
| Alcohol Positive Test Any Detectable Amount Operating Commercial Vehicle (CMV) | 24 hours out of service | 24 hours out of service |
| 0.04 breath test operating CMV | One year | Lifetime |
| 0.048 blood test | One year | Lifetime |
| 0.056 urine test operating CMV | One Year | Lifetime |
| OVI Conviction in any MV | One Year | Lifetime |
| Under influence any controlled substance in any MV | One year | Lifetime |
| Other Major Violations | First Offense | Second Offense |
| Driving Under Suspension, Disqualification, Revocation in a CMV | One year | Lifetime |
| Cause Fatality by Negligent Operation of CMV | One Year | Lifetime |
| Failure to stop after accident in any MV | One Year | Lifetime |
| Using any MV in commission of a felony | One year | Lifetime |
| Serious Traffic Violations*
Any 2 or 3 in a 3-Year Period (Mix or Match) |
First Offense | Second Offense |
| Driving CMV without a CDL | 60 days | One year |
| Texting while driving | 60 days | One year |
| Using Hand-Held Mobile Phone | 60 days | One year |
| Using any MV in commission of a felony | 60 days | One year |
| Speed 15 MPF or more over posted speed limit | 60 days | One year |
| Willful disregard of Safety (Reckless Operation) | 60 days | One year |
| Traffic violation resulting in fatality | 60 days | One year |
| Violation of CDL Class Restriction | 60 days | One year |
| Driving CMV without CDL in possession | 60 days | One year |
| Marked lane violation | 60 days | One year |
| Following too close | 60 days | One year |
| Cause Fatality by Negligent Operation of CMV | One year | Lifetime |
| Failure to stop after accident in any MV | One year | Lifetime |
| Using any MV in commission of a felony | One year | Lifetime |
*“Serious Traffic Violations” committed in a non-commercial MV may have the same effect as if they were committed in a CMV if the violation resulted in a suspension. See, R.C. 4506.16(D)(6)(a) http://codes.ohio.gov/orc/4506.16 .
- Other traffic violations, including Railroad Crossing violations and “Out-of-Service” violations, can also result in disqualifications of a Commercial Driver’s License.
CDL disqualifications can be appealed to the Ohio Bureau of Motor Vehicles, however, time is of the essence in appealing a disqualification.
EFFECT OF DRIVER’S LICENSE SUSPENSION ON CDL LICENSE:
Under Ohio law, if you are a Commercial Driver’s License holder and if your driver’s license is suspended for any reason, no court can issue an order granting you limited driving privileges for the operation of a commercial vehicle. See, R.C. 4506.161 http://codes.ohio.gov/orc/4506.161 . Accordingly, if your driver’s license is suspended, while you may be eligible for limited driving privileges to operate a non-commercial vehicle, you cannot obtain limited driving privileges to operate a commercial vehicle.
Therefore, if you are a Commercial Driver’s License holder and have been charged with an OVI, DUS, or other major violation or “Out-of-Service” order, it is imperative that you retain the services of an attorney immediately, as disqualification of your Commercial Driver’s License may occur, and, depending on your circumstances, you may be facing lifetime disqualification.
CALL ZUKERMAN ABOUT COMMERCIAL DRIVER’S LICENSE OFFENSES:
In retaining the services of an attorney, it is crucial that your attorney is well-versed in the administrative consequences that could affect your Commercial Driver’s License. Your livelihood depends on it. The attorneys at Zukerman, Lear & Murray Co., L.P.A. have successfully represented many CDL holders.
If you or a member of your family is a Commercial Driver’s License (CDL) holder and has been accused of, or charged with, an OVI, DUS, or other major violation or “Out-of-Service” order, do not hesitate to contact Zukerman, Lear & Murray Co., L.P.A. Due to the administrative process, the sooner legal representation is obtained the better, as there are time limits within which a disqualification order must be appealed.