If you have a commercial driver’s license (CDL), and are arrested for drunk driving in Michigan, you will face enhanced driver’s license penalties if convicted. Enhanced penalties may apply even if you are driving a non-commercial vehicle at the time of your arrest.
CDL Drunk Driving Restrictions
Under federal and state law, if you are driving with a CDL, you may not operate a motor vehicle with a blood alcohol content of 0.04% or higher. The legal limit for non-CDL drivers is .08%.
If you are convicted of drunk driving, you will face the same criminal penalties and sentencing that non-CDL drivers face. However, your commercial driver’s license will be subject to enhanced penalties.
Out of Service Orders
If you are arrested for drunk driving while operating a commercial vehicle, you will be immediately placed out of service for twenty-four hours for the following:
- Refusal to take a preliminary breath test (PBT).
- Consume alcohol within four hours of operating a commercial motor vehicle.
- Consume alcohol while operating a commercial motor vehicle.
- Have a blood alcohol content of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Under Michigan’s Implied Consent law, any person with a commercial driver’s license is considered to have agreed to take a chemical test that determines a person’s blood alcohol content (BAC) upon being arrested for drunk driving.
If you refuse to take the chemical test, or are convicted of the following drunk driving offenses, your CDL will be suspended for one year (three years if transporting hazardous materials) and revoked for ten years if you are convicted of a second or third offense:
- Operating with an unlawful bodily alcohol level (UBAL) of .10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
- Operating under the influence of liquor (OUIL).
- Operating while impaired (OWI) when your BAC is more than .07 but less than .10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
- Operating with a BAC of .04 – .07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
- OUIL, OWI or UBAL causing death or serious injury.
Your operator or chauffeur license may also be suspended or revoked and points added to your driving record for a drunk driving or operating under the influence of drugs (OUID) conviction.
If you have been arrested for a drunk driving offense in Ann Arbor, contact Ann Arbor criminal defense attorney Stacey Washington for legal advice. Stacey Washington has helped many clients mitigate any long-term consequences of a drunk driving arrest and/or conviction.