A Michigan DUI and the CDL: Commercial Driver's License Sanctions for Drunk Driving
On October 1, 2005, a new provision of Michigan law went into effect that can have serious ramifications for commercial drivers. [1] The new law states that a CDL motorist who is convicted of a civil infraction or other offense occurring in a non-commercial vehicle will be treated as if that person was operating a commercial motor vehicle at the time of the violation. The list of offenses that will be treated as if those offenses had occurred in a commercial vehicle include drunk driving and so-called "implied consent" refusals, i.e. refusing to submit to the chemical analysis of breath, blood or urine after an arrest.
The ramifications of this new law are far reaching. For those CDL drivers who make a living driving, a simple traffic ticket for speeding when the kids are late for school might affect a truck driver's ability to drive. A conviction for drunk driving in a non-commercial vehicle is far more serious, however, and a breath test refusal can be utterly devastating for a CDL motorist.
Normally, a person charged with a first time offense for drunk driving faces the possibility of 180 suspended license with the first 30 days having no restrictions. In other words, 30 days suspended and 150 days restricted. Most first offenders receive a reduced plea to driving while visibly impaired, and they receive a 90 day restricted license. [2] This is automatic and standard fare that is easily understood by prosecutors and defense attorneys. By offering the standard reduction from OWI to impaired, prosecutors are able to speed up the court docket and slap first time offenders on the wrist, and defense attorneys are able to convince the client that the plea is beneficial in some manner. A person who holds a CDL, however, stands in a far more precarious position.
A person who has a CDL cannot receive a restricted license that permits operating a commercial vehicle. [3] The standard reduction to impaired translates to a 90 suspension without restrictions on the CDL. A conviction for OWI equals a six months suspension. Again, there are no restrictions, and the CDL holder is going to be unable to work for that period of time.
Additionally, there appears to be some confusion as to whether the CDL is supposed to be suspended for one year, since at least one provision of the statutory language states that a conviction for drunk driving "while operating a commercial motor vehicle" shall result in a one year suspension. [4] The Secretary of State is, in fact, issuing a one year suspension to all CDL drivers for a drunk driving conviction obtained while driving a noncommercial passenger vehicle. [5] Although the new law that says an offense occurring in a non-commercial vehicle will be treated as if it had occurred in a commercial vehicle is plain on its face, this appears to conflict with other statutory provisions that are rendered redundant, and Michigan courts have repeatedly stated that statutes must be construed in harmony with one another. In other words, if you read all the laws regarding the ramifications for CDL drivers, they don't make sense, but they must!
Following the suspension period, reinstatement of the CDL license is not automatic. The driver must re-take the written test and the road test, but no hearing is required at the DLAD. [6]
The ramifications for an implied consent violation, i.e. refusing to take the Datamaster at the police station or refusing to allow blood to be drawn at the hospital, results in a one year suspension for a first implied consent refusal. [7] As with any implied consent refusal, the driver is entitled to a hearing, but the request for a hearing must be submitted within 14 days. A second implied consent refusal within ten years of a prior refusal for a commercial driver results in a ten year suspension. [8] Because of the new law, it does not matter whether the refusal occurs after being stopped in a commercial vehicle or a passenger vehicle.
If you are a commercial truck driver or otherwise hold a CDL, any motor vehicle violation is a serious matter. If you are stopped by the police, you need to understand that you have essentially volunteered to a higher standard than other motorists. Obviously, a drinking and driving charge needs to be taken very seriously if you hope to continue working as a commercial driver. The bottom line is that you must contact an attorney as soon as possible or risk losing your CDL and your livelihood.
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(7) Effective October 1, 2005, a conviction, bond forfeiture, or civil infraction determination, or notice that a court or administrative tribunal has found a person responsible for a violation described in this subsection while the person was operating a noncommercial motor vehicle counts against the person who holds a license to operate a commercial motor vehicle the same as if the person had been operating a commercial motor vehicle at the time of the violation. For the purpose of this subsection, a noncommercial motor vehicle does not include a recreational vehicle used off-road. This subsection applies to the following state law violations or a local ordinance substantially corresponding to any of those violations or a law of another state or out-of-state jurisdiction substantially corresponding to any of those violations:
(a) Operating a vehicle in violation of section 625.
FN 2 MCL 257.319(8) provides that:
(8) The secretary of state shall suspend the person's license for a violation of section 625 or 625m as follows:
FN 3 MCL 257.319(16) states:
(16) The secretary of state shall not issue a restricted license to a person under subsection (8) that would permit the person to operate a commercial motor vehicle.
FN 4 MCL 257.319b
Sec. 319b. (1) The secretary of state shall immediately suspend or revoke, as applicable, all vehicle group designations on the operator's or chauffeur's license of a person upon receiving notice of a conviction, bond forfeiture, or civil infraction determination . . . .
FN 5 Information obtained via telephone with CDL section of the Secretary of State on May 10, 2005 at (517) 322-5555.
FN 6 Id.
FN 7 MCL 257.625f(b).
FN 8 MCL 257.625f(c).
Please do not hesitate to call our law offices if you have been charged with a drunk driving DUI OWI DWI charge. Call us toll free at (888) 941-1122. Experienced drunk driving defense attorneys are ready to help you fight your case.
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FN 1 The new provisions of MCL 257.319b state in relevant part that:
(b) Refusing to submit to a chemical test of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or the presence of a controlled substance or both in the person's blood, breath, or urine as required by a law or local ordinance of this or another state.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(a) For 180 days for [Operating While Intoxicated or OWI for any amount of a controlled substance] if the person has no prior convictions within 7 years. The secretary of state may issue the person a restricted license during a specified portion of the suspension, except that the secretary of state shall not issue a restricted license during the first 30 days of suspension.
(b) For 90 days for [Operating While Visibly Impaired] if the person has no prior convictions within 7 years. However, if the person is convicted of [Operating While Visibly Impaired], for operating a vehicle when, due to the consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the secretary of state shall suspend the person's license under this subdivision for 180 days. The secretary of state may issue the person a restricted license during all or a specified portion of the suspension.
(c) For 30 days for [a minor under 21 operating with any blood alcohol content] if the person has no prior convictions within 7 years. The secretary of state may issue the person a restricted license during all or a specified portion of the suspension.
(d) For 90 days for [a second minor under 21 operating with any blood alcohol content] if the person has 1 or more prior convictions for that offense within 7 years.
(e) For 180 days for [OWI with a minor under 16 present in the motor vehicle] if the person has no prior convictions within 7 years. The secretary of state may issue the person a restricted license after the first 90 days of suspension.
(f) For 90 days for [operating a commercial vehicle with an unlawful BAC of 0.04 but less than 0.08] if the person has no prior convictions within 7 years. The secretary of state may issue the person a restricted license during all or a specified portion of the suspension.
(c) Suspension for 1 year if the person is convicted of or found responsible for 1 of the following:
(i) A violation of section 625(1), (3), (4), (5), (6), (7), or (8), section 625m, or former section 625(1) or (2), or former section 625b, while operating a commercial motor vehicle.