If you hold a Commercial Driver’s License (CDL) and face a drunk driving conviction in Michigan, the consequences can be severe and far-reaching. Understanding the potential impacts on your CDL is crucial for safeguarding your livelihood and planning your defense strategy. The exact nature of these implications will depend on your prior criminal record, specifically prior OWI Michigan and other states’ convictions, as well as the nature of your current drunk driving conviction.
CDL Disqualification Periods
A conviction for OWI leads to a mandatory disqualification of your CDL. The length of disqualification depends on the nature of the offense and the timing of previous offenses:
- First Offense: Minimum one-year disqualification. If the offense occurred while transporting hazardous materials, the disqualification period extends to three years.
- Two OWI Offenses Anytime in a Lifetime: Minimum ten-year disqualification of your CDL. After this period, you must undergo a license restoration process to regain your CDL privileges.
For non-CDL holders, to learn more about your possible driver license sanctions for multiple OWI offenses in Michigan, see our article entitled: DUI License Suspension and Penalties.
Difference Between License Suspension and Revocation
There is an important difference between a revocation and a suspension. With a suspension, your license is automatically reinstated after the suspension period. You need only appear at the Secretary of State and pay a reinstatement fee. Consequently, there is no need to appear at a driver license restoration hearing. With suspensions there is also often some restricted driving allowed, such as for work purposes, etc.
With a driver’s license revocation, be it for your private operator’s license or your CDL, you have absolutely no right to drive for any purpose whatsoever. In fact, a revocation puts you in the position of never having had a driver’s license. And during the minimum revocation period there is also no way to obtain any kind of restricted driving privileges.
To become newly licensed (or re-licensed), you must petition the Secretary of State (SOS) to request a driver license restoration hearing, file paperwork, and appear at a hearing for live testimony. There is a high burden of proof that you must meet at this hearing, and there is no guarantee you will win. Additionally, you may only petition for a restoration hearing once per year. This means that any time you lose a restoration hearing, you must wait at least another year before you can try again.
Impact on Employment
A CDL disqualification can result in job loss and difficulty finding future employment. Employers in the transportation industry are required to comply with federal and state regulations, making it challenging to retain or hire drivers with a disqualified CDL.
Additional Penalties and Requirements
Apart from the CDL disqualification, an OWI conviction in Michigan carries additional penalties:
- Fines and Court Costs: Substantial financial penalties that can strain your resources.
- Jail Time: Possible incarceration, depending on the severity of the offense and prior convictions.
- Alcohol Education Programs: Mandatory participation in programs aimed at preventing future offenses.
- Ignition Interlock Device: Installation of this device in your personal vehicle may be required for reinstatement of driving privileges.
Legal Defense Strategies
Given the high stakes, mounting a robust defense is essential. Experienced legal counsel can explore several defense strategies, including:
- Challenging the Traffic Stop: Questioning the legality of the initial stop that led to the arrest.
- Examining Breathalyzer Results: Investigating potential inaccuracies or malfunctions in testing equipment.
- Reviewing Police Procedures: Ensuring all procedures were correctly followed during your arrest and booking.
Protecting Your Future
If you hold a CDL and are facing an OWI charge, the consequences can be life-altering. Seeking expert legal advice and representation is crucial. At Barone Defense Firm, we specialize in defending CDL holders against drunk driving charges. Our team of experienced attorneys understands the intricacies of Michigan’s OWI laws and is dedicated to protecting your rights and livelihood.
For a consultation, contact Barone Defense Firm today. We are committed to providing you with the best defense strategy to safeguard your CDL and future.