By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022
As a professional driver, getting arrested for an OWI can have serious consequences on your career. Not only will you face severe legal penalties and potentially even jail time, but your commercial driver’s license (CDL) could also be suspended or revoked, which could make it impossible for you to continue working in your field. If you are facing an OWI charge and your CDL is at risk, it is important to seek legal counsel right away in order to protect your rights and work towards a positive outcome.
OWI penalties for a normal operator’s license.
If this is your first offense OWI charge, then you should read our article, Information of first offense Michigan OWI. That article explains the charge and the penalties for a non-CDL driver.
If this is your second offense within seven years, then SOS will revoke your driver’s license for one year and will remain revoked unless you have a successful restoration hearing at the OHAO. If you have three OWI convictions within ten years, SOS will revoke your license for five years until you successfully appeal your revocation. There are no exceptions. You have to wait until the revocations run their time period before you can appeal. If you get caught driving during your license revocation, your license will be revoked or another one or five years, depending on the original revocation penalty. If these situations apply to you, we explain OHAO process in this detailed article.
How a Michigan OWI will negatively impact your CDL.
Under Michigan law, if you are convicted of a first offense OWI, your CDL will be suspended for a minimum of 1 year. If you are arrested for a second offense OWI within seven years, your CDL will be revoked for a minimum ten years. The SOS will suspend your CDL even if you get an OWI driving your personal vehicle. Also, Michigan CDL operators face higher BAC restrictions. CDL operators can be charged with an OWI, while operating a commercial vehicle, if their BAC is above 0.04%, while the standard BAC level for non CDL drivers is 0.08%. Unfortunately, there are no exceptions to the suspension. The only hope is to avoid a OWI conviction.
Once the SOS revokes your CDL, you cannot drive commercially. After the revocation period runs its courts you must appeal your CDL to the SOS in a CDL license restoration hearing.
CDL revocations are very strict. For example, if you lost your license for two OWI convictions within seven years, you will be eligible to appeal for a restoration of your driving privileges after one year. Contrast this with a CDL license. With CDL restoration, you will become eligible after ten years.
You should understand the difference between a suspension and revocation. We provide a detailed article titled, Michigan Driving While License Suspended or Revoked (DWLS/DWLR) – primary differences. Briefly though, if your license is suspended, the SOS will automatically reinstate your license after the suspension expires. All you have to do is pay a reinstatement fee. Unlike license revocations, you do not have to appear for a hearing at the SOS to have your license reinstated.
When your license is revoked, CDL, or normal license, you lose it until you win at a license restoration hearing. When the revocation period expires, unlike a suspension, this means you are now eligible to file for a license hearing. While your license is revoked, you cannot drive at all, nor can you petition for a “hardship” license. of restricted driving privileges.
In addition, an OWI conviction will likely result in higher insurance premiums, as well as additional costs related to legal fees, court fines and penalties, and any required treatment or counseling programs. If you have a commercial driver’s license, your career may be on the line if you are convicted of an OWI.
If convicted, a Michigan OWI will negatively impact your CDL in strict ways.
What can you do if your Michigan OWI will negatively impact your CDL?
If you are facing an OWI charge in Michigan, it is important to seek legal counsel as soon as possible. This will ensure that you know your rights and options, and can work with an experienced attorney to create the best possible defense strategy. With the right legal representation, you may avoid a conviction and protect your career as a commercial driver.
If you’re charged with and OWI and you have a commercial driver’s license (CDL), you’re going to want to contact experienced attorneys right away.
The reason you need experienced lawyers on your side if you have a CDL is because as explained, there are certain rules and regulations that pertain specifically to driving in this capacity. A conviction for an OWI, will result in the loss of your CDL and in serious penalties. So, it’s so important to work with attorneys who know how to handle these types of cases.
You deserve a strong legal advocate on your side when you’re facing charges for driving under the influence. It’s not a decision you should take lightly, and it’s vital that you have someone with the skills, knowledge, and experience to help you get through this situation quickly and easily. Contact our office today to discuss what we can do for you.
Are you charged with an OWI while you have a CDL? Our experienced and knowledgeable team of criminal defense lawyers can provide you with the legal guidance and representation that you need to fight your charges. Your future is on the line, so it’s important to work with a skilled attorney who understands the laws and procedures that apply to OWI charges so that you may avoid an OWI conviction and avoid loss of your CDL.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.