The Criminal Defense Law Center of
West Michigan

CDL Driver’s Alcohol Penalties

Out-of-service Orders Regarding a CDL

You will be immediately placed out-of-service for 24 hours if you get caught doing the following:

  • Consume alcohol while you are operating a CMV.
  • Refuse to take a preliminary breath test (PBT)
  • Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine.
  • Consume alcohol within four hours prior to operating a CMV
 

Here Are Some Other Alcohol Violations

When you drink too much alcohol and then decide to drive a commercial motor vehicle, you get face the following charges:

  • Operating while impaired (OWI) when your BAC is more than .07 but less than .10 grams per 100
  • Operating with an unlawful bodily alcohol leval (UBAL) of .10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • Operating under the influence of liquor (OUIL)
  • OWI, OUIL, UBAL, OUIL, causing death or serious injury
  • Operating with a BAC of .04 – .07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • Operating under the influence of drugs (OUID)
 

Consequences of Refusing to Submit to a Chemical Test (Implied Consent)

If you refuse to submit to a chemical test (Implied Consent) or if you are convicted of the offenses mentioned above your CDL will be.

  • Revoked for a minimum of ten years for a second or third offense.
  • Suspended for one year for a first offense, or three years if transporting hazardous materials; and
 

Implied Consent means that if you possess a CDL you have have agreed to consent to testing. If you are driving a motor vehicle your consent is implied. The price will be having your
operator/chauffeur license suspended or revoked and points may be added to your driving record.

For more information about PBT’s please visit this site hosted by the Michigan State Police.

 

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