If you’re a Commercial Driver’s License (CDL) holder in Indiana, facing an Operating a Vehicle While Intoxicated (OVWI / DUI) charge can be catastrophic for your career and livelihood. Unlike regular drivers, CDL holders are subject to stricter laws, harsher penalties, and fewer legal options when charged with an OVWI / DUI offense. Even a first-time OVWI / DUI conviction can lead to a year-long CDL suspension, and a second offense can mean a lifetime ban from commercial driving.
At The Marc Lopez Law Firm, we understand how much is on the line when a CDL driver is charged with an OVWI / DUI offense. We also know that you don’t have to accept a conviction without a fight. We have successfully defended numerous CDL drivers in Indiana and helped them avoid devastating consequences. In this guide, we’ll walk you through:
- The lower BAC limits for CDL drivers
- The immediate and long-term consequences of an OVWI / DUI charge
- Why specialized driving privileges may not apply to you
- How we can build a strong defense and fight for your rights
If you’re a CDL driver facing an OVWI / DUI charge, the clock is ticking on your ability to defend yourself. Call The Marc Lopez Law Firm today at 463-283-7387 for a free consultation and let us help you protect your career.
CDL Drivers Face a Lower BAC Limit: What You Need to Know
One of the biggest differences between OVWI / DUI charges for CDL holders vs. regular drivers is the BAC (blood alcohol concentration) limit.
- For non-commercial drivers, Indiana law states that a BAC of 0.08% or higher is considered legally intoxicated.
- For CDL holders, the legal BAC limit is 0.04% when operating a commercial vehicle.
This means that just a drink or two could put you over the legal limit, even if you don’t feel intoxicated. Many CDL drivers don’t even realize they’re over the limit because 0.04% is so low compared to the standard threshold for regular drivers.
Example Scenario:
John, a CDL driver, goes out for dinner with friends and has one beer. He feels completely fine and decides to drive home in his commercial truck. A police officer pulls him over for a minor traffic violation and asks him to take a breathalyzer test. His BAC comes back at 0.045%, which is over the CDL limit of 0.04%. Even though he didn’t feel impaired, he is now facing an OVWI / DUI charge that could cost him his job.
Even more alarming, CDL drivers can still lose their CDL even if they were not driving a commercial vehicle at the time of the arrest. If you are convicted of an OVWI / DUI in your personal vehicle, it can still trigger a suspension of your CDL for one year.
Immediate Consequences of an OVWI / DUI Conviction for CDL Holders
For most drivers, an OVWI / DUI offense results in a standard license suspension that can sometimes be negotiated down with specialized driving privileges. But for CDL drivers, the stakes are much higher:
First OVWI Offense
- Automatic 1-Year CDL Suspension
- Applies whether the OVWI occurred in a commercial or personal vehicle
- This is non-negotiable because it is mandated by federal law
- A suspension means no driving for work, leaving many drivers unemployed
Second OVWI Offense
- Lifetime Revocation of Your CDL
- You cannot reapply for a CDL after a second conviction
- This applies even if the two offenses occurred years apart
Because federal law governs CDL suspensions, the courts in Indiana cannot modify or negotiate these penalties. That means once you’re convicted, there’s no way to undo the damage to your CDL.
Bottom Line: If you’re a CDL driver, an OVWI/ DUI conviction isn’t just about losing your license temporarily. It’s about possibly losing your career forever. That’s why fighting your charge is so important.
CDL Drivers Are Not Eligible for Specialized Driving Privileges
In Indiana, non-commercial drivers can apply for specialized driving privileges (SDPs) that allow them to drive under limited circumstances even after an OVWI conviction. However, CDL holders are specifically prohibited from obtaining these privileges.
CDL Holders Cannot:
- Apply for specialized driving privileges
- Obtain a hardship license
- Drive for work under any exception
This means that if you are convicted of an OVWI, you cannot legally drive a commercial vehicle for work at all during your suspension. Even if your employer is willing to keep you on, you won’t be legally allowed to work as a driver.
The only way to keep your job is to fight your OVWI charge and avoid a conviction altogether.
How The Marc Lopez Law Firm Builds a Strong Defense for CDL Drivers
At The Marc Lopez Law Firm, we’ve helped countless CDL drivers fight their OVWI charges and keep their careers intact. Here’s how we can help you:
1. Challenging the Traffic Stop
Was there probable cause for the police to pull you over? If not, we can file a motion to suppress evidence, which could lead to a dismissal of your case.
2. Questioning the Breathalyzer Results
Breathalyzer machines aren’t perfect, and if they weren’t properly calibrated or maintained, the results may not be reliable. We will investigate:
- Was the breathalyzer properly calibrated?
- Did the officer follow correct testing procedures?
- Were there external factors that could have affected the result?
3. Analyzing the Field Sobriety Tests
If the police used field sobriety tests (like walking a straight line), we’ll review video footage and cross-examine officers to challenge any irregularities in the testing process.
4. Examining Blood Test Procedures
Blood samples can be contaminated or improperly stored, leading to inaccurate BAC results. We’ll scrutinize the chain of custody and laboratory procedures to identify any violations.
5. Negotiating for Lesser Charges or Dismissals
In some cases, we may be able to reduce your charge to a lesser offense that does not result in a CDL suspension. Our goal is to protect your license, your job, and your future.
Take Action Now: Contact The Marc Lopez Law Firm Today
If you’re a CDL driver facing an OVWI / DUI charge in Indiana, you can’t afford to wait. The consequences of an OVWI / DUI conviction could mean:
- Losing your CDL for one year or life
- Being unable to work as a truck driver
- Permanent damage to your career and reputation
But you don’t have to face this alone. The attorneys at The Marc Lopez Law Firm know how to fight OVWI / DUI charges for CDL drivers and give you the best chance of keeping your career intact. Call today at 463-283-7387, and remember—always plead the Fifth!
