CDL Violations

A commercial driver’s license (CDL) is a special license issued by the State of Oklahoma that allows an individual to drive certain types of vehicles. Drivers are required to have a CDL in order to drive vehicles over a certain weight, buses, and vehicles containing hazardous materials. In addition to passing certain medical requirements, an individual must pass a comprehensive written test and road test in order to earn the Oklahoma CDL. There are many federal and state laws applicable to commercial driver’s licenses: vehicle and trailer loading, record keeping, and many other CDL specific laws is necessary in order to keep the CDL. The rules are more stringent than rules for automobile drivers in many cases. Given the stringent rules, it is important to seek advice from an experienced traffic ticket attorney

CDL Violations in Oklahoma

There are also more stringent rules when it comes to alcohol, leaving the scene of an accident, or committing a felony:

  • It is illegal to operate a commercial vehicle (CMV) if your blood alcohol concentration (BAC) is .04% or more.
  • If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.
  • You will lose your CDL for at least one year for a first offense for:
    • Driving a CMV if your blood alcohol concentration is .04% or higher.
    • Driving a CMV under the influence of alcohol.
    • Refusing to undergo blood alcohol testing.
    • Driving a CMV while under the influence of a controlled substance.
    • Leaving the scene of an accident involving a CMV.
    • Committing a felony involving the use of a commercial vehicle.
    • Driving a CMV when the CDL is suspended.
    • Causing a fatality through negligent operation of a CMV.
    • You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.
    • You will lose your CDL for life for a second offense.
    • You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.
    • You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.[1]

There are also significant penalties for serious traffic violations when you possess a CDL.

Serious traffic violations are generally defined as:

  • Excessive speeding (15 mph or more above the posted limit),
  • Reckless driving, improper or erratic lane changes,
  • Following a vehicle too closely,
  • Traffic offenses committed in a CMV in connection with fatal traffic accidents,
  • Driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.

An individual will also lose his or her CDL for at least 60 days if he/she has committed two serious traffic violations within a three-year period involving a CMV; and for at least 120 days for three or more serious traffic violations within a three-year period involving a CMV.[2]

Even minor traffic violations can result in severe penalties for a driver with a CDL. A driver with a CDL will garner points on his or her license even if the violation is dismissed, if the dismissal requires that the driver pays the court costs of the violation. The only way to avoid points on a CDL is to obtain an outright dismissal without costs of any violation.

Never Plead Guilty or No Contest to CDL Violations in Oklahoma without first talking to an experienced Tulsa criminal defense attorney. Contact our office to speak with an experienced CDL violation attorney in Tulsa. Our firm has fought hundreds of traffic citations and we have the experience you need. Call (918) 582-9529

[1] Commercial Driver License Manual, Federal Motor Carrier Safety Administration, 1.3.2 (2005).

[2] Id., at 1.3.3.

 

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