CDL Holders and OWI Consequences
- DUI,
Facing an impaired driving allegation as a commercial driver threatens more than just your typical driver’s license. When you rely on your commercial driving status to support yourself and your family, it’s important to know how a Fishers OWI charge can end your trucking career.
Commercial drivers are held to higher standards of operation than non-commercial drivers, and even a first operating while intoxicated (OWI) allegation can put your trucking career, professional reputation, and future job prospects in jeopardy. Fishers and other Hoosier communities, such as Carmel, Noblesville, and Hamilton counties, see continued enforcement of impaired driving statutes involving passenger vehicles and commercial trucks.
About The Criminal Defense Team of Baldwin Perry & Wiley, P.C.
The Criminal Defense Team of Baldwin Perry & Wiley, P.C., exclusively practices criminal defense law in Indiana. Our attorneys are passionate about protecting the rights of Indiana citizens charged with criminal offenses. The Firm has five of Indiana’s six Board-Certified Criminal Trial Specialists actively practicing together, providing more than 100 years of criminal defense experience to clients.
Offering legal representation involving multiple attorneys and a paralegal working on most cases, our Firm prides itself on meticulous preparation, prompt communication, and tenacious defense of clients throughout Indiana. We also employ a former prosecutor on our staff who understands major felony prosecution.
Commercial Drivers and OWI Standards
OWI laws impose stricter limits on commercial drivers concerning alcohol concentration. Many drivers are aware of the 0.08% threshold for blood alcohol content. However, drivers who are operating a commercial vehicle with a commercial driver’s license (CDL) may face OWI charges at a lower 0.04% blood alcohol level.
The reason for the reduced limit is that commercial vehicles typically have larger sizes and passenger capacities, which may increase the severity of a potential incident. However, some CDL holders may not realize that their driving privileges can be affected by an OWI charge even when they are operating a non-commercial vehicle.
There were 5,218 fatal collisions involving heavy trucks in 2024. Additionally, 120,724 heavy vehicles were engaged in collisions that resulted in injuries in 2024. Nine percent of the cars involved in fatal collisions were large trucks, with some of these likely involving a driver being under the influence.
Truck drivers and CDL holders who are arrested for an OWI offense may experience consequences to their employment long before their case is resolved. Employers, insurance agencies, and even federal organizations may take action against a driver after an OWI arrest.
Consequences Beyond Criminal Penalties
While most OWI cases come with criminal OWI penalties distributed by the court, OWI charges for CDL holders usually involve other consequences. Unlike a traditional driver’s license, a CDL holder could face:
- CDL license suspension or disqualification
- Suspension or termination of your job
- Increased commercial driver insurance rates
- Stopped from driving in the future
- Reporting to CSA FMCSA
- Federal Motor Carrier Safety Administration penalties
A driver could face losing their job if they are suspended from driving because some trucking companies have policies regarding impaired driving. The impact of an arrest could create an immediate hardship for truck drivers, which is why it’s important to hire an OWI lawyer to help you through the process.
Why These Allegations Can Threaten Your Career
A CDL isn’t just a driver’s license. For many drivers, it’s their career. It can take years to earn all the qualifications, training, and experience some truckers have. For some drivers, an OWI charge can threaten the means that they use to support their families and pay their bills.
Employers might review the arrest internally and take immediate action. Other employers may suspend you until the case resolves. You could also find that insurance companies don’t want to provide you coverage while you have certain types of allegations pending. The consequences of an OWI charge can make it difficult for you to keep your commercial driver’s license (CDL) even if you’re never convicted of a crime.
OWI allegations can make it difficult to obtain new employment down the road. Since most commercial transportation businesses are subject to federal safety regulations, OWI-related allegations can come up during the background check process and harm your ability to secure future employment.
FAQs
Can I Still Get a Trucking Job With a DUI?
You may still be able to find trucking work with a DUI or OWI on your record. Options may become more limited based on the trucking company, how old the DUI or OWI is, and if your CDL was suspended. Unfortunately, some trucking companies simply will not hire someone who has an impaired driving conviction on their record.
How Many OWIs Disqualify You From CDL?
In general, under Federal law, a first OWI/DUI conviction in a commercial vehicle can lead to a CDL being disqualified for at least one year. A second major offense can lead to lifetime disqualification of a CDL. In certain circumstances, violations committed in a non-commercial vehicle can impact your commercial driving privilege as well.
What Disqualifies You From Being a Trucker?
Convictions for some crimes, positive drug or alcohol tests, certain medical problems, major traffic violations, or CDL suspensions may make you ineligible to drive commercial motor vehicles.
There are also Federal Motor Carrier Safety Administration regulations regarding physical qualifications, driving record, and drug/alcohol use violations. Some companies may have their own hiring restrictions due to insurance or safety concerns, or previous criminal/driving-related charges.
Can a Felon Become a Trucker?
Felons are permitted to drive trucks in many cases. It depends on the conviction, when it happened, and the company’s policies on hiring felons. Felonies that include violence, theft, drug trafficking, and transportation violations may have more restrictions. Insurance and background checks may play a factor as well. Many trucking firms evaluate candidates on a case-by-case basis rather than rejecting everyone with a past felony in Fishers.
Hire an OWI Lawyer Immediately
Drivers who obtain legal counsel after an OWI arrest can begin protecting their rights and their CDL sooner. Contacting a Fishers OWI attorney allows you to start understanding the allegations against you, your possible defenses, and the licensing consequences you could be facing.
At The Criminal Defense Team of Baldwin Perry & Wiley, P.C., we focus solely on criminal defense. We are proud to have five of the six Indiana attorneys who are Board Certified as Criminal Trial Specialists. That means our clients have access to a level of trial experience and experience that few law firms can match. Contact us today for more information.
*Andrew Baldwin, Kathy Perry, Kelly Pyle, Maxwell Wiley, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.