Issues having to do with a Commercial Driver's License
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CDL Disqualification Ohio Revised Code, Section 4506.16
You can be disqualified or lose your commercial driver's license for certain convictions.
NOTE: Retesting is only required when downgrading the class of license, or your driver license has expired past 6 months during the course of the suspension.
Requesting a Hearing
A hearing may be requested within 30 days of the mailing of the notice of disqualification. If the hearing is granted the disqualification will be stayed pending the outcome.
First Conviction
- 4506.16(D)5 Two serious traffic violations within a three year period: 60 days
- 4506.16(D)6 Three serious traffic violations within a three year period: 120 days
- 4506.15(A)2 ALS BAC of .04% or more: One year
- 4506.15(A)5 Under influence of controlled substance: One year
- 4506.15(A)6 Using the commercial vehicle in the commission of a felony: One year
- 4506.15(A)7 Refusing to submit to a blood, breath or urine
test: One year
- If convicted of any of the above while operating a vehicle placarded for hazardous materials, the disqualification increases to three years under 4506.16(B)6 of the ORC.
Second Conviction
- 4506.15(A)2 ALS BAC of .04% or more: Life
- 4506.15(A)5 Under influence of controlled substance: Life
- 4506.15(D) Leaving the scene of a traffic crash: Life
- 4506.15(E) Using the commercial vehicle in the commission of a felony: Life
- 4506.15(F) Refusing to submit to a blood, breath or urine test: Life
- 4506.16(B)4 First time commission of a felony with a controlled substance: Life
- 4506.15(A)7 First Violation of Out of Service: 90 days
- 4506.16(A)2 Second Violation of Out of Service: One year
- 4506.16(A)3 Third Violation of Out of Service: Three years
Violation of Out-of-Service (Transporting Hazardous Materials)
- 4506.16(B)1 First Violation of Out-of-Service: 180 days
- 4506.16(B)2 Second Violation of Out-of-Service: Three years
There is no CDL disqualification for physical control violations, but ...
While there is no CDL disqualification for physical control violations, there often is a suspension of a person's driver's license. Obtaining privileges is then a critical issue in a decision to plead to such a violation. If you end up with a 365 day suspension of your license, you are, in effect, disqualified.
There are no limited CDL privileges that can be granted.
NOTE: Under Ohio's commercial driver's license law, any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any state or jurisdiction. If any level of alcohol is detected, law enforcement can place a commercial driver out-of-service for 24 hours. It is illegal to operate a commercial vehicle with any alcohol in your system.
