Short answer: yes. If you have a CDL, the consequences for an OWI, in your commercial or non-commercial vehicle, are significantly more severe in Wisconsin, including losing your license.
An Operating While Intoxicated (OWI) charge can have severe impacts on drivers with a Commercial Driver’s License (CDL). An OWI is a serious charge with significant consequences and these consequences are heightened for individuals whose livelihood is dependent on their ability to drive. Having a CDL is a privilege, and it can be revoked for a variety of reasons. It is essential to understand the severe consequences that come with an OWI charge for CDL drivers to safely preserve your privilege to a license.
To obtain a CDL, drivers must pass a knowledge and a driver skills test to demonstrate their abilities. Given the heightened requirements to obtain a CDL and the heightened safety risk that comes with driving large vehicles, drivers are held to a higher standard and face harsher penalties for charges like an OWI compared to a non-commercial driver.
OWI in Non-Commercial Vehicle in Wisconsin
If you have a CDL and are operating your personal non-commercial vehicle, you are subject to a blood alcohol content of 0.08%. If you are charged with an OWI, even though it is in a non-commercial vehicle, this will still impact your CDL privileges. The first offense results in a minimum of one year disqualification from your CDL privileges and $150-$300 in fines. A second offense results in a lifetime disqualification, $300-$1000 in fines, 5-6 months in jail and installation of an ignition interlock device (IID).
OWI in Commercial Vehicle in Wisconsin
Because commercial vehicles are often larger and pose heightened safety risks in the case of a crash or accident, when operating a commercial vehicle, drivers are subject to a stricter BAC limit of 0.04% in Wisconsin. The BAC limit for commercial vehicles is half that of the non-commercial vehicle standard; therefore, if you have a CDL, you are held to different standards depending on the vehicle you are operating. If you are convicted of an OWI in your commercial vehicle, you face at least a one-year disqualification of your CDL or at least a three-year disqualification if you are transporting hazardous materials. A second OWI results in a lifetime disqualification of your CDL privileges. It does not matter if you had your CDL when you received your first OWI or not, you still face lifetime disqualification.
Other Disqualifying Offenses
In addition to an OWI offense, there are many other reasons that your CDL could be disqualified in Wisconsin. Regardless of if these offenses are in your commercial or non-commercial vehicle, the first offense results in a one-year disqualification and a second offense results in a lifetime disqualification of your CDL. These offenses include operating under the influence of controlled substance, failure to stop/report accident, felonies, and refusal. It is also important to note that a controlled substance felony results in a lifetime disqualification regardless of if it is your first offense.
Can I get a CDL with an OWI on my record?
While there are no legal restrictions to obtaining a CDL with an OWI on your driving record, many companies may not hire you due to the increased insurance costs and risks. Additionally, if you choose to go the owner-operator route, the high-risk insurance premiums associated with your record may not justify the costs of a driving career. It is also important to note that even if your first OWI was before you had a CDL, a second OWI now that you have the license will result in lifetime disqualification of your CDL.
What do I do now?
When you have a CDL and are charged with an OWI, your livelihood is on the line. Most, if not all, companies will fire you after your first OWI offense, so it is essential to hire an experienced attorney to fight for your job. Contact Konstantakis Law Office today to learn more about your options if you face an OWI with a CDL in Wisconsin.
