DUI Rules for Truck Drivers and CDL Holders

DUI questions
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Charles is a frequent speaker and a prolific writer on all matters related to OVI / DUI defense.

For operator’s of a commercial vehicle requiring a CDL it is a criminal offense to drive (not operate) a commercial vehicle with a detectable amount of alcohol or controlled substance in the blood, breath or urine or with an alcohol concentration of .04% or more.

In addition, if the concentration is high enough, truckers face the possibility of being prosecuted under the standard D.U.I. law. Pursuant to O.R.C. 4506.15(F) it is a criminal offense for a commercial driver to refuse to submit to alcohol or drug testing. If the driver refuses his/her CDL will be administratively suspended by the Bureau of Motor Vehicles and/or the U.S. Dept. of Transportation.

In cases where the driver merely has a “detectable” level of alcohol, for instance on his breath, but not enough to meet the .04% standard, the driver is immediately placed out of service for twenty-four hours. If the driver is convicted of a D.U.I. offense or of the offense of having a concentration of .04% or higher his/her penalty is a one-year suspension of his/her CDL. A second offense is a lifetime suspension or a suspension as determined by the U.S. Department of Transportation.