Those who drive commercial vehicles transporting goods or people have a tremendous amount of responsibility. Commercial driver’s licenses aren’t easy to get, and unfortunately, if you’ve recently been charged with an OWI while operating a commercial vehicle, there is a very strong chance that you may lose your commercial license. When a commercial driver gets an OWI, not only will he face a wide array of standard penalties that come with OWI charges, but his livelihood is also on the line. Please continue reading and reach out to a Des Moines OWI lawyer from Herting Law PLLC to learn more about CDL OWIs in Iowa and how we can help if you’ve been charged with one. Here are some of the questions you may have:
What Is a Commercial OWI in Iowa?
As you probably know, in most cases, it takes a BAC of .08% or higher to receive an OWI. However, the rules differ for those who hold a commercial driver’s license (CDL) in Iowa.
When a CDL Driver Can Be Charged
A commercial driver’s license holder may face an OWI charge if they are found operating a commercial vehicle:
- While under the influence of drugs or alcohol
- With a BAC of 0.04% or higher
- After refusing chemical testing
- With controlled substances in their possession (depending on the circumstances of the case and testing outcomes)
Commercial vs. Non-Commercial BAC Limits
In Iowa, a BAC of 0.08% or higher will result in an OWI for non-commercial drivers. However, this is reduced to a BAC of 0.04% or higher for CDL drivers operating a commercial vehicle.
Why the BAC Differs for Commercial Drivers
Commercial vehicle drivers have much stricter standards when it comes to the legal limit for alcohol consumption due to the nature of the vehicle they operate. A fully loaded semi-truck can weigh up to 40 tons, so ensuring that drivers are alert and sober when behind the wheel is critical to keeping themselves and others on the road safe. As such, even a couple of drinks can put a CDL driver at risk.
Drug-Related OWI
It’s necessary to understand that a CDL driver found to be under the influence of drugs, including illegal substances, prescription medications, or over-the-counter medications, may be charged with an OWI if the officer determines that the medication or substance in their system has inhibited their ability to safely operate a vehicle.
What Happens if You Refuse a Breath or Chemical Test in Iowa?
In general, any driver who is asked to participate in a breathalyzer test must do so. This is because Iowa, like all states, has implied consent laws. Essentially, this means that by operating a motor vehicle on public roadways, you are legally obligated to submit to chemical testing when asked by the police.
Refusal Can Trigger Serious Penalties
Though you may assume you’re playing it safe by refusing a chemical test and therefore limiting evidence that can be used against you, because of the state’s implied consent laws, there are a number of serious consequences you can face if you refuse to participate in the test. These include:
- License consequences, even if your OWI case resolves itself
- CDL disqualification
- Used as evidence by the prosecution to demonstrate “consciousness of guilt”
CDL OWI Disqualification Penalties in Iowa
The penalties you can face for an OWI with a CDL in Iowa are generally two-fold. First, you will face immediate penalties to your CDL, followed by separate criminal penalties.
First-Offense CDL OWI Disqualification
A first offense OWI with a CDL or refusal to submit to chemical testing will typically result in the disqualification of your CDL for one year.
Second or Repeat Offense
A second OWI CDL offense generally results in a lifetime CDL disqualification. However, in very limited circumstances, reinstatement may be possible.
Hazmat Cases
If your first-offense OWI with a CDL involves hazmat requiring placarding, the CDL disqualification will increase to three years.
Criminal OWI Penalties in Iowa
In addition to the disqualification of your CDL license, an OWI conviction in Iowa will carry harsh criminal penalties as well.
Penalties By Offense Level
- First Offense
- Serious misdemeanor
- Potential for up to one year in jail
- Fines of up to $1,200
- Second Offense
- Aggravated misdemeanor
- Up to two years in jail
- Potential fines of up to $6,250
- Third Offense
- Felony charges
- Up to 5 years in jail
- Potential fines up to $9,375
Will You Lose Your Regular License Too?
If you are charged with an OWI while operating a commercial vehicle, your CDL will be suspended for one year. However, you may assume that this will not apply to your standard driver’s license, as these are two separate offenses. However, many drivers are shocked to learn that they may lose both privileges.
Can You Get a CDL OWI if You Were Not Driving a Commercial Vehicle in Iowa?
As a CDL holder in Iowa, you may wonder if getting an OWI operating your own personal vehicle will have any impact on your professional license. Due to the nature of these offenses, this is a possibility. A non-commercial OWI can still:
- Result in CDL-related disqualification consequences
- Create employer reporting issues
- Impact your ability to keep or renew your CDL
What To Do if You’ve Been Arrested for a CDL OWI in Iowa?
Being arrested for an OWI as a commercial driver can be incredibly scary. Not only do you risk facing serious criminal consequences, but this can also impact your livelihood. As such, taking immediate steps to protect your job and license is critical.
After an OWI Arrest
- Invoke your right to remain silent when interacting with the police
- Immediately request an attorney
- Ensure you attend all hearings and court dates
- Document everything you remember from the incident
- Avoid discussing the case without legal counsel present
Contact an Experienced Iowa DUI Defense Attorney
At Herting Law, PLLC, our dedicated legal team understands how overwhelming it can be to face a criminal charge. That is why we are dedicated to helping you fight for the best possible outcome for your unique circumstances. When you need assistance, contact our legal team today to discuss your situation with a member of our staff.
