Columbus Lawyer Colin Maher

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CDL Disqualification or Placement Out-Of-Service

DUI/OVI DEFENSE LAWYER

When you hold a commercial drivers license, the law holds you to a much higher standard. The regulations are strict and violation of many of them will result in a suspension, disqualification, or revocation of your CDL.

Without your CDL, you will likely need to find an alternative career path. Convictions, even though seemingly minor, may result in you loosing your job. In order to protect your income and livelihood, you should always contact a Columbus traffic attorney whenever you are facing a traffic violation.

What Can Cause You to Loose Your CDL Under Ohio Law and For How Long?

When you are charged with certain offenses, your driver’s license can be suspended. Convictions for certain offenses can also result in suspensions. When you have a commercial drivers license, those charges and/or convictions can result in suspensions as well as disqualifications. The following is a list of CDL disqualifications and the length of time they last. They are imposed in addition to any other penalties provided in the Ohio Revised Code.

OUT OF SERVICE FOR 24 HOURS

  • Having a measurable or detectable amount of alcohol or drugs in a driver’s system while operating a commercial motor vehicle

CDL DISQUALIFICATION FOR UP TO 30 DAYS

  • Notification received by the BMV from the Federal Motor Carrier Safety Administration that your continued commercial driving constitutes an imminent hazard

CDL DISQUALIFICATION FOR 60 DAYS

  • Conviction of two “serious traffic violations” involving operation of a commercial motor vehicle within a 3-year period
  • Conviction of two “serious traffic violations” not involving operation of a commercial motor vehicle within a 3-year period if the conviction resulted in a suspension, cancelation, or revocation

CDL DISQUALIFICATION FOR 120 DAYS

  • Conviction of three or more “serious traffic violations” involving operation of a commercial motor vehicle within a 3-year period
  • Conviction of three or more “serious traffic violations” not involving operation of a commercial motor vehicle within a 3-year period if the conviction resulted in a suspension, cancelation, or revocation

CDL DISQUALIFICATION FOR 180 DAYS

  • First conviction for violating an out-of-service order
  • First conviction for violating an out-of-service order while carrying hazardous material
  • First conviction for violating an out-of-service order while operating a motor vehicle designed to transport sixteen or more passengers

CDL DISQUALIFICATION FOR ONE YEAR (THREE YEARS IF CARRYING HAZARDOUS MATERIAL)

  • First conviction for driving a commercial motor vehicle having a .04 BAC or more by blood or breath
  • First conviction for driving a commercial motor vehicle having a .048 BAC or more by blood serum or plasma
  • First conviction for driving a commercial motor vehicle having a .056 BAC or more by urine
  • First conviction for driving a commercial motor vehicle under the influence of drugs
  • First conviction for operating a motor vehicle (not commercial) under the influence of alcohol or drugs also known as OVI in Ohio
  • First conviction for using a motor vehicle in the commission of a felony
  • First conviction for refusing to submit to a chemical test to determine your alcohol or drug levels regardless of whether you are in a commercial or non-commercial vehicle
  • First conviction for operating a commercial vehicle while your CDL, CDL permit, or commercial driving privileges are suspended, revoked, canceled, or disqualified
  • First conviction for causing a fatality through negligent operation of a commercial motor vehicle
  • First conviction for failing to stop after an accident regardless of whether you are in a commercial or non-commercial vehicle
  • First conviction involving a violation of rules when approaching or going over railroad crossings as explained in Ohio Revised Code 4511.61 to 4511.63
  • Upon a first suspension imposed under 4511.191 for refusing a chemical test or testing over the legal limit for alcohol or drugs (still only one year even if you were carrying hazardous material)

CDL DISQUALIFICATION FOR TWO YEARS

  • Second conviction for violating an out-of-service order within a ten-year period

CDL DISQUALIFICATION FOR THREE YEARS

  • Third or subsequent conviction for violating an out-of-service order within a ten-year period
  • Second or subsequent conviction for violating an out-of-service order while carrying hazardous material within a ten-year period
  • Second or subsequent conviction for violating an out-of-service order while operating a motor vehicle designed to transport sixteen or more passengers within a ten-year period

CDL DISQUALIFICATION FOR LIFE

  • Second conviction for driving a commercial motor vehicle having a .04 BAC or more by blood or breath
  • Second conviction for driving a commercial motor vehicle having a .048 BAC or more by blood serum or plasma
  • Second conviction for driving a commercial motor vehicle having a .056 BAC or more by urine
  • Second conviction for driving a commercial motor vehicle under the influence of drugs
  • Second conviction for operating a motor vehicle (not commercial) under the influence of alcohol or drugs also known as OVI in Ohio
  • Second conviction for using a motor vehicle in the commission of a felony
  • Second conviction for refusing to submit to a chemical test to determine your alcohol or drug levels regardless of whether you are in a commercial or non-commercial vehicle
  • Second conviction for operating a commercial vehicle while your CDL, CDL permit, or commercial driving privileges are suspended, revoked, canceled, or disqualified
  • Second conviction for causing a fatality through negligent operation of a commercial motor vehicle
  • Second conviction for failing to stop after an accident regardless of whether you are in a commercial or non-commercial vehicle
  • Second conviction involving a violation of rules when approaching or going over railroad crossings as explained in Ohio Revised Code 4511.61 to 4511.63
  • Upon a second suspension imposed under 4511.191 for refusing a chemical test or testing over the legal limit for alcohol or drugs
  • Upon a first conviction for using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or the possession with intent to manufacture, distribute, or dispense a controlled substance, your CDL will be disqualified for life regardless of whether you used a commercial or non-commercial motor vehicle

CONTACT A COLUMBUS OHIO TRUCK DRIVER TICKET ATTORNEY

    If you have your commercial driver’s license, regardless of whether you drive commercially or not, many offenses will impact your ability to legally drive at all. Before you pay what you think is a minor ticket, contact an experienced Columbus Ohio CDL attorney at The Maher Law Firm by calling 614-205-2208 or contact us online.

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