OVI Charges for CDL Holders in Ohio: What Commercial Drivers Need to Know

An OVI charge is always serious, but for commercial drivers in Ohio it carries consequences that reach far beyond the courtroom. A regular driver faces a license suspension and fines. A commercial driver risks losing a career. Ohio follows strict state and federal rules for CDL holders, and even one OVI can trigger a long disqualification. The administrative process can threaten your CDL even before a judge hears the criminal case. Understanding these rules and responding quickly is the only way to protect your ability to work.

This guide explains the OVI process for CDL holders in Ohio, how the Administrative License Suspension fits into that process, and what drivers can do to protect their future.

How an OVI Stop and Arrest Works in Ohio

The Traffic Stop

An OVI case begins with the traffic stop. Officers may observe driving behavior, ask questions, and request standardized field sobriety tests. Drivers are not required to perform these tests but refusing them usually leads to an arrest.

Chemical Testing

If an officer arrests you for OVI, Ohio’s implied consent law requires you to submit to chemical testing. Refusing the test immediately triggers an Administrative License Suspension. Failing the test does the same.

Two Separate Processes Begin

An OVI arrest creates two different legal matters.

1. The Administrative Process: The BMV imposes an ALS based on a refusal or a test result.

   
   

2. The Criminal Process: The court decides whether you committed the offense of OVI.

   
   

These two processes move forward at the same time. They follow different rules and can end in different outcomes.

CDL Consequences for OVI Charges

First OVI: One Year CDL Disqualification

A first OVI conviction results in a full year of CDL disqualification. This applies even if you were driving your personal vehicle.

Lifetime CDL Disqualification for a Second OVI

A second OVI conviction leads to lifetime CDL disqualification. There are no reductions and no exceptions.

Personal Vehicle vs Commercial Vehicle

The type of vehicle you were driving does not matter. A conviction in your personal car still impacts your CDL.

Two Separate Ways You Can Lose Your CDL

A CDL can be disqualified in two situations.

• A criminal OVI conviction

• An ALS that remains active or is not terminated

  
  

This means you could win the criminal case, but still lose your CDL if the ALS is not dismissed through the administrative appeal.

No Limited Driving Privileges

Regular drivers sometimes obtain limited driving privileges. CDL holders cannot receive limited commercial privileges under any circumstance.

Administrative License Suspension and CDL Holders

How the ALS Begins

The ALS starts automatically after an arrest if you refuse or fail a chemical test. The officer takes your physical license and issues a temporary permit.

Why the ALS Matters for CDL Holders

Any active ALS counts as a disqualifying suspension under federal CDL rules. Even if the criminal case is dismissed, an ALS that remains active can still disqualify your CDL.

Requesting a Stay of the ALS

A driver can request a stay of the ALS by filing an appeal within thirty days. A granted stay pauses the ALS. For commercial drivers this is urgent because it prevents immediate CDL disqualification.

Why the ALS Must Be Dismissed or Terminated

Winning the criminal OVI case does not automatically end the ALS. If the ALS is not dismissed or terminated, the BMV can still disqualify your CDL. Both the criminal case and the administrative process must be resolved in your favor.

How the ALS Differs From the Court Case

The ALS appeal and the criminal case are separate. They involve different courts, deadlines, burdens of proof, and legal issues.

Different Standards of Proof

The ALS appeal examines narrow technical issues such as:

• whether the stop was lawful

• whether the arrest was lawful

• whether the driver refused or failed chemical testing

  
  

The criminal case focuses on whether you were actually impaired or over the legal limit.

Independent Outcomes

It is possible to win the criminal case and lose the ALS appeal. The reverse is also possible. CDL protection requires favorable results in both.

Legal Defenses and Strategies for CDL Drivers

Challenging the Traffic Stop

Officers must have reasonable suspicion for the initial stop. If the stop was improper, later evidence may be suppressed.

Challenging Chemical Test Procedures

Chemical tests involve strict requirements for calibration, observation periods, record keeping, and chain of custody. Any errors can support a challenge.

ALS Appeal Strategies

ALS appeals focus on procedural compliance. Common grounds include:

• an improper stop

• errors during the arrest

• questions regarding the refusal or test failure

The Importance of Timing

ALS appeals and criminal defenses have strict deadlines. Missing a deadline can limit your ability to protect your CDL. Early action is essential.

Possible Outcomes and Plea Options

Reductions to Non Alcohol Offenses

Prosecutors may reduce an OVI to a non alcohol offense such as reckless operation. These reductions can save a CDL because they avoid federal disqualification.

Physical Control Is Not Always Safe

A physical control conviction is not always safe for CDL holders. Depending on how it is coded by the BMV, it may still appear as an alcohol related incident and may trigger CDL disqualification.

Negotiation Strategies

Experienced attorneys negotiate outcomes that protect CDL status. Options include charge dismissals, non disqualifying reductions, or ALS resolutions that terminate the suspension.

What to Do Immediately After an OVI Stop

Protect Your Rights

• Stay polite

• Do not admit to drinking

• Ask for an attorney before answering questions

  
  

Document the Incident

• Write down details of the stop

• Note statements from the officer

• Save receipts or other evidence showing your location

  
  

Act Quickly

• File an ALS appeal within thirty days

• Request a stay of the ALS immediately

• Contact an attorney as soon as possible

  
  

Continue Working If Allowed

If you obtain an ALS stay you can continue driving commercially while your case proceeds.

Protecting Your CDL and Your Career

OVI charges carry serious consequences for commercial drivers in Ohio. The administrative and criminal processes are complex and move quickly. Your CDL can be disqualified long before the criminal case ends if the ALS is not addressed. Early legal intervention and a strategic approach to both proceedings can determine whether you keep your job.

If you hold a CDL and face an OVI in Ohio, contact an attorney who understands the rules that apply to commercial drivers. Your ability to work depends on getting the right guidance at the right time.