CDL & Ohio OVI
ffective in 2005, any person driving a non-commercial 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 will 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, effective in 2005, that DUI arrests in private vehicles will impact your CDL. Make sure your 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.
If you have been arrested for an OVI and have a CDL it is important you retain quality representation immediately. Contact us for a free consult