Rittgers Rittgers & Nakajima
Rittgers Rittgers & Nakajima


The defense attorneys at Rittgers Rittgers & Nakajima
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Federal And State Regulation Of DUI OVI By Commercial Drivers In Ohio

Truckers who are suspected of driving while intoxicated in Ohio have a great deal at stake. While license suspensions are the rule for all drivers convicted of operating a vehicle while intoxicated (OVI), commercial drivers are not eligible for license reinstatement as quickly as other drivers.

Even worse, regaining a commercial drivers license might be a moot point to a trucker who is unable to find work due to a drunk driving record. A driver convicted of a second OVI will permanently forfeit his or her CDL, and that license is put in jeopardy even if the arrest happened while the person was driving a passenger vehicle.

Commercial drivers are required to comply with stricter regulations than non-commercial drivers. Federal Motor Carrier Safety Administration (FMCSA) regulations require employers to randomly test truckers for alcohol and controlled substance use, and pre-employment and return-to-duty screenings are also mandatory. Drivers can also be required to inform employers of any use of prescribed medicines.

The FMCSA requires that truckers nationwide be subjected to a lower blood-alcohol concentration (BAC) threshold of .04 percent. Breath testing devices are often inaccurate, field sobriety tests are frequently administered improperly, and as a result, innocent drivers are too often cited for drunk driving related offenses. Commercial vehicle operators have too much at stake not to work closely with an Ohio CDL suspension attorney.

An OVI lawyer can explain the implications of controlled substances testing that detects off-duty drug use, examine the circumstances behind a traffic stop, and describe strategies for avoiding the harshest consequences of drunk driving or drugged driving allegations. When an individual’s livelihood is at stake, his or her legal rights deserve aggressive protection backed by years of criminal defense experience.

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