DUI & Oklahoma 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. When an individual operates a commercial motor vehicle, he or she is giving consent to alcohol testing if pulled over. This law applies to everyone, residents and nonresidents alike. Refusing to take the alcohol testing upon request by a law enforcement ofcer will result in an automatic revocation of an individual’s driving privilege, even if he or she has not been drinking. The law applies to an individual who holds a CDL-even if the individual is operating his or her own personal vehicle or while operating a commercial vehicle. Under Oklahoma law, it is illegal to operate a commercial motor vehicle (CMV) with a Blood Alcohol Concentration (BAC) of 0.04 percent or more.

In addition, there are several other violations that could result in revocation of your CDL.

• Driving a CMV under the influence of alcohol.
• 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 CMV.
• Driving a CMV when the CDL is suspended.
• Causing a fatality through negligent operation of a CMV.

Any of the following violations will result in the individual losing his/her license and will be suspended as follows:

• First offense — One Year
• Second offense — Lifetime

An individual will also lose his/her CDL for at least three (3) years, if the offense occurs while operating a CMV carrying hazardous materials. You will lose your CDL for lifetime if you use a CMV to commit a felony involving controlled substances. Moreover, if you have any detectable amount of alcohol under .04%, you will be put out-of-service for twenty-four hours.^[1]

In Oklahoma, any individual charged with DUI, DWI, or APC charge will not receive a work permit or a hardship CDL. You can request an administrative hearing within fifteen days of the date of arrest. If timely requested, you may be able to obtain a “modified” operator driver’s license. However, this is not a CDL.

Any DUI related CDL violation can adversely impact your freedom and future. The best course of action would be to enlist the help of qualified Tulsa DUI Lawyers. Contact our Tulsa DUI lawyers by online for a consultation.

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