Cincinnati Commercial DUI Attorney
What is the Legal Limit for Commercial Drivers in Ohio?
In the state of Ohio, commercial drivers are prohibited from operating a motor vehicle with a blood alcohol concentration (BAC) of .04% or higher. This legal limit is significantly lower than the one imposed for non-commercial drivers, which is .08%, since commercial drivers are held to stricter operating standards.
What makes a DUI or OVI arrest particularly devastating for those who maintain a commercial driver's license (CDL) is that their ability to earn a living could be at stake. If you have been faced with such a situation, it is imperative that you move quickly to discuss your case with a Cincinnati DUI defense lawyer from Herzner Law, LLC. We are backed by more than a decade of experience.
How to Contest a Suspended License
Even if you have been arrested for DUI or OVI while driving your own private vehicle, your commercial driver's license could be in jeopardy. The law states that your CDL could be suspended by the Bureau of Motor Vehicles for a minimum of 90 days if your blood alcohol concentration was tested at .08% or higher. If you refused to submit to chemical testing, your CDL could be suspended for one year.
While you are under suspension, the court may not grant you occupational privileges; however, you would have the right to appeal this suspension within 30 days of your arrest.
In order to contest the suspension, you would need to prove that at least one of the following is true:
- The arresting officer did not follow proper procedures
- The breathalyzer machine was not properly calibrated
- The chemical test was not properly administered and/or tested
- Your blood alcohol concentration did not exceed the legal limit
The Penalties for DUI While Operating a Commercial Vehicle
If you maintain a commercial driver's license in the state of Ohio, your occupational privileges could be suspended if it is discovered that you were operating a commercial vehicle with any discernible amount of alcohol in your system. In most cases, you will be placed out-of-service for at least 24 hours; however, if your BAC was measured at, or exceeded, .04% at the time of your arrest, you may be prohibited from operating a commercial vehicle for at least one year.
If you refuse to submit to chemical testing (i.e. breath, blood or urine test) upon a law enforcement officer's request, it is possible that your CDL could be suspended for life. You could also be charged with a separate misdemeanor offense.
Is Your CDL at Stake? Contact Our Firm Today for a Free Consultation.
When your ability to earn a living is at stake, you shouldn't take any chances with your choice in legal representation. By hiring a Cincinnati DUI defense attorney with more than 15 years of experience, you can rest easier knowing that your future is in good hands.
Contact Herzner Law, LLC at (513) 280-8405 to speak with our award-winning lawyer. We offer free telephone consultations 24 hours a day, 7 days a week!