CDL Holders Arrested for OWI in Michigan: Disqualification and Employer Notice

For a Michigan commercial driver, an OWI arrest threatens the CDL whether the arrest happened in a truck or in the family car. An OWI conviction, or a refusal to take the chemical test, brings a 1-year suspension of all commercial vehicle group designations, and the statute applies "while operating a commercial or noncommercial motor vehicle".^[1] A second violation from a separate incident means lifetime revocation of commercial privileges.^[3] This page is a checklist of the CDL-specific rules; the general case process is covered elsewhere in this guide.

Checklist: the first days after the arrest

1. Find the refusal paperwork, if there is any. If a chemical test was refused, the officer must give written notice that a hearing may be requested within 14 days of the notice date.^[9] For a CDL holder, a refusal in any vehicle triggers the 1-year commercial suspension as well as the regular refusal suspension.^[1][10] See The implied consent hearing.
2. Check whether an out-of-service order was issued. Michigan law requires a 24-hour out-of-service order when an officer has reasonable cause to believe a commercial driver had 0.015 or more, or the driver refused a test; driving a commercial vehicle during that period is a misdemeanor.^[11]
3. Note the court dates. A misdemeanor OWI defendant is to be arraigned within 14 days of arrest, and a pretrial conference held within 35 days.^[12][13] The full list is in OWI case deadlines and The first 14 days after an OWI arrest.
4. Read your employer's policy. The federal notice duties described below are tied to a conviction or a license action; a company policy may ask for earlier notice.^[4][5]
5. Ask about every pending ticket. The Secretary of State must immediately suspend a CDL holder who fails to answer an out-of-state citation or comply with an out-of-state judgment for a reportable violation.^[14]

What triggers a CDL disqualification

Event	Commercial privileges
First conviction under MCL 257.625(1), (3), (4), (5), (6), (7) or (8) or 625m (OWI and its related offenses), or a first chemical-test refusal, in any vehicle	1-year suspension, running consecutively with other CDL actions.[1]
Same offense in a commercial vehicle carrying placarded hazardous material	3-year suspension.[15]
Second such violation from a separate incident (two OWIs, two refusals, or one of each)	Revocation for life; reissue possible after at least 10 years with Secretary of State approval.[3]
Disqualifying conviction after a reissue	Revocation for life with no second reissue.[3]
Second refusal in a commercial vehicle within 10 years	Revocation for at least 10 years and until the Secretary of State approves reissue.[16]

There is no 7- or 10-year look-back for the lifetime rule in MCL 257.319b(1)(e); it counts violations from separate incidents.^[3] The federal rule uses the same structure: 1 year for a first conviction or refusal in a commercial or personal vehicle, 3 years for hazardous materials, and life for a second.^[17] Federal rules also count each conviction from a separate incident, whether in a commercial vehicle or not.^[18] The disqualification rules are set out in full in CDL disqualification after an OWI.

The commercial-vehicle offenses

Commercial drivers face rules that other drivers do not:

• 0.04 in a commercial vehicle. Operating a commercial motor vehicle at 0.04 or more but less than 0.08 is a misdemeanor punishable by up to 93 days and/or $300 for a first offense.^[19] It carries no points, but it suspends the regular license for 90 days (restricted license possible) and triggers the CDL disqualification.^[20][21]
• Roadside breath test. A commercial-vehicle driver who refuses a preliminary breath test commits a misdemeanor punishable by up to 93 days and/or $100 and must be ordered out of service for 24 hours.^[22]
• Federal duty-time rules. A commercial driver may not use alcohol within 4 hours before going on duty or have any detected alcohol while on duty, and a violation means an immediate 24-hour out-of-service order.^[23]
• Repeat 0.04 offense. With a prior within 7 years the penalty rises to up to 1 year and/or $1,000, and that jail term may not be suspended.^[24]

What counts as a "commercial motor vehicle" is defined by weight rating, passenger capacity and placarded hazardous materials.^[25] See Commercial vehicle OWI.

Telling your employer

Federal rules in 49 CFR part 383 put the reporting duty on the driver:

• A CDL holder convicted of violating a state or local traffic-control law (other than parking) in any type of motor vehicle must notify the current employer within 30 days after the conviction.^[4]
• The notice must be in writing and give the driver's name, license number, conviction date, the offense and any resulting suspension or revocation, whether it happened in a commercial vehicle, the location, and the driver's signature.^[4]
• An employee whose license is suspended, revoked or canceled, or who is disqualified from commercial driving, must notify the employer before the end of the business day after receiving notice of it.^[5]
• An employer must not knowingly allow a disqualified driver to drive a commercial vehicle.^[18]

Employers can also see the record. On request, the Secretary of State must provide driving-record information to a current or prospective motor-carrier employer, after the driver is notified.^[26]

The Drug and Alcohol Clearinghouse

The federal Clearinghouse is separate from the court case. Employers must report an alcohol confirmation test of 0.04 or more, a refusal to take a required alcohol test, and on-duty, pre-duty or post-accident alcohol use of which they have actual knowledge, within three business days.^[27] "Actual knowledge" includes a traffic citation for driving a commercial vehicle while under the influence.^[28] A violation stays visible to querying employers until the return-to-duty steps are complete and five years have passed.^[29] The program is explained in OWI and commercial driving careers.

What cannot be undone later

• No hardship CDL. A restricted license after an OWI-type suspension cannot permit commercial driving, and the Secretary of State may not issue a restricted license for a vehicle that requires a group designation.^[6] The court-ordered refusal hardship license and the specialty-court license exclude commercial driving as well.^[7]
• No masking. Federal law forbids a state to mask, defer judgment on, or divert a CDL holder's traffic conviction in any vehicle so that it does not appear on the federal record; Michigan's ban on taking driving offenses under advisement applies to everyone.^[8]
• Limited set-aside. A traffic offense committed by a CDL holder while driving the commercial vehicle, or that is otherwise a commercial vehicle violation, cannot be set aside.^[30] See Setting aside an OWI conviction.
• The regular license is a separate matter. The ordinary license sanctions still apply, for example a 180-day suspension for a first OWI, with no restricted license during the first 30 days.^[31] They are described in OWI driver's license consequences and the restricted license rules.

Getting back on the road commercially

After a lifetime revocation, Michigan's statute allows the Secretary of State to approve reissue of a group designation after not less than 10 years.^[3] The federal rule allows a state to reinstate a lifetime-disqualified driver after 10 years if the driver has voluntarily completed a state-approved rehabilitation program, and a later disqualifying offense bars reinstatement.^[17] Whether a particular driver qualifies is decided by the Secretary of State.