Commercial Driver's License Traffic Tickets and DUI in Oklahoma

Commercial Driver’s License Traffic Tickets

and DUI In Oklahoma

By Glen R. Graham – Attorney at Law

http://www.glenrgraham.com

When the Department of Public Safety receives notice of a commercial vehicle driver having 0.04 percent BAC, his/her license will be suspended as follows:

(This applies even if he/she is operating their own personal vehicle or a commercial vehicle)

First disqualification — One Year

Second disqualification — Lifetime

There is no work permit and no hardship license for a commercial driver’s license dui, dwi, or apc charge in Oklahoma. If timely requested within 15 days of the date of arrest, your attorney may be able to obtain an operator driver's license  “modified” operator’s driver’s license for you but this is not a cdl.  You should consult an attorney immediately.

The laws regarding the taking of your commercial driver’s license apply irregardless of whether you are operating your own personal vehicle or if you are operating a commercial vehicle.

You can request an administrative hearing within 15 days of the date of your arrest but your commercial driver’s license will still be taken but you can obtain a simple “operator’s driver’s license” pending an administrative hearing but you commercial driver’s license will be automatically taken upon your arrest for DUI with a breath alcohol content of .04 or above by law for a commercial driver’s license.  You have 15 days from the date of your arrest to  request an administrative hearing regarding your driver’s license and you can obtain an operator’s driver’s license if you make a timely request.

Oklahoma Commercial Vehicle Driver's Manual:  http://www.cdlrental.com/CMVDM.pdf

http://www.dps.state.ok.us/dls/pub/CMVDM.pdf

Serious Traffic Violations May Result in Disqualification or Loss of CDL

“Serious traffic violations” are the following:

    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.

    Driving a CMV without the proper class of CDL   and/or endorsements.

    Using an electronic communications device to read   or send a text messages while driving a commercial    motor vehicle.

    Using a hand held cellular telephone while driving a commercial vehicle.

You will lose your CDL:

    First Offense – No loss of license.

    Second offense within a 3 year period: For at least 60 days if you have committed two serious traffic violations within a three-year period involving a   CMV.

    Third Offense within a 3 year period: For at    least 120 days for three or more serious traffic violations within a three-year  period involving a CMV.

Alcohol, Leaving the Scene of an Accident, and Commission of a Felony involving a Motor Vehicle

It is illegal to operate a 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.

Major Violations

Major violations will also result in a loss of your CDL and you will lose your CDL for at least one (1) year for a first offense for “major violations” such as:

    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 CMV.

    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 (3) 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%.

Oklahoma Implied Consent Laws (Commercial Vehicles)

The very act of driving or being in actual physical control of a motor vehicle means that you have agreed to take one or more tests to determine your blood alcohol content (BAC). This law applies to everyone, residents and nonresidents alike. Refusal to 

take the test upon request by a law enforcement officer will result in an automatic revocation of your driving privilege, even if you have not been drinking. If you have been drinking, the test will determine the BAC level.

Notice - Traffic Violations in Your Personal Vehicle

The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges..

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol,controlled substance or felony violations, you will lose your CDL for 1 year.   If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.

If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a “hardship” license to operate a CMV.

The law in Oklahoma requires the CDL holder to notify his or her employer within 30 days of a traffic violation conviction. In addition, if you get a traffic ticket in another state, you are required to inform your employer and the Oklahoma Department of Motor Vehicles.

In Oklahoma - the Federal Government has established certain guidelines which it has imposed on the State subject to the state losing millions of dollars of highway funds and federal dollars.  These guidelines prohibit the courts, prosecutors, and the Oklahoma Department of Public Safety from "masking" certain traffic offenses committed by commercial driver's license holders.  Here is a sample of the memorandum letter sent by the Oklahoma Dept. of Public Safety regarding this matter prohibiting masking: http://www.dps.state.ok.us/occ/memo_masking.pdf

The Federal Motor Carrier Safety Administration has laws under 49 CRF Sec. 384.226 which prohibit the states from "masking" any traffic violation by the holder of a commercial driver's license.  This law treats most traffic offenses by a CDL holder as a conviction under federal law.  Any deferred sentence or payment of  court costs or payment of any fine even if the matter is amended to another offense may be treated as a conviction for a holder of a commercial driver's license.  The only way for the holder of a commercial driver's license to be sure not to have a traffic violation reported as a conviction is to go to trial and be found "not guilty."

To read more about the Oklahoma Department of Public Safety rules prohibiting masking see: https://docs.google.com/viewer?url=http://www.dps.state.ok.us/occ/masking.pdf

Glen R. Graham, Traffic dui dwi Attorney, Tulsa, Oklahoma
Telephone: (918) 583-4621 or (918) 260-8184

http://www.glenrgraham.com Address: 1612 S. Cincinnati Ave., Tulsa, OK