CDL Issues for a Michigan DUI
SUMMARY
Michigan Vehicle Code Act 300 of 1949
MCL 257.319b (Amended October 1, 2005)
MCL 257.319b: Suspension or Revocation of vehicle group designations on operator's or chauffeur's license; notice of conviction; bond forfeiture, civil infraction determination, violation of law, or refusal to submit to chemical test; period of suspension or revocation; denial, cancellation, or revocation of hazardous material endorsement; notice of security risk; definitions; applicability of conditions.
NOTE: The following summary is not necessarily completely comprehensive. If you want to know for sure how a Michigan DUI conviction might affect your commercial driver license, you should consult your attorney.
Pursuant to 257.319b(7), effective October 1, 2005, the conviction stemming from a driving infraction while operating a non-commercial vehicle, is to be applied as if it occurred while driving a commercial vehicle. Therefore, if one has a operator's or chauffeur's license, the sanctions outlined by this statute apply whether at the time of the incident he/she was driving his/her car or his/her commercial vehicle. However, the amended subsection above does not apply to all listed infractions within the statute. A "car" conviction is treated as a "commercial vehicle" conviction in only a few limited circumstances. Those convictions include: 625 violations ("drunk driving"), refusing chemical test, leaving the scene of an accident, and using the vehicle to commit a felony.
As set forth in 257.319b(c) the period of suspension will be 1 year if the person is convicted of MCL 257.625(1), (3), (4),(5),(6),(7),(8) ("drunk driving" statute); section 625m (commercial operation ".04-.08"), or former 625(1) or (2), or former section 625b, while operating a commercial motor vehicle (Please note the aforementioned 319b(7) ). For example, an OWI conviction would suspend a CDL for 1 year, yet a personal driver's license sanction (non-CDL) would be a 180 suspension with no driving for the first 30 days followed by a 150 day period of restricted driving. Upon a conviction to the less serious OWVI (impaired driving) the personal driving privilege is only suspended for 90 days with restricted driving privileges granted during this entire 90 day period. Additional offenses include refusing chemical test, leaving the scene, and driving while license suspended or revoked (DWLS/R).
In addition, pursuant to 319d(c) (vii) a 6-point violation outlined in 257.320a also will be a 1 year suspension for a CDL. Specifically, Section 320a (e) lists operating a motor vehicle in violation of section 626. Section 626 is commonly known as "Reckless Driving". Therefore, conviction of a reckless driving, while operating a commercial vehicle, will cause a 1-year suspension of the CDL. However, and important to the matter at hand, a conviction for "reckless driving" while operating a non-commercial vehicle will not suspend a CDL for 1-year but only be a 90-day hard suspension in accordance with the statute and secretary of state guidelines.
Overall, the October 1, 2005 Amendments create a commercial driver's license penalties for non-commercial driving convictions. Specifically, a conviction for "drunk driving" whether operating a commercial vehicle or non-commercial vehicle will suspend a driver's commercial license for 1-year. However, a conviction for a "reckless driving" is a 1-year suspension if committed while operating a commercial vehicle but only 90 days if committed while operating a non-commercial vehicle.
Get a FREE confidential CASE EVALUATION on your Michigan OWI/OWVI/DUI by calling (248) 306-9161 , or filling out this consultation request form. Call now, there's no obligation!
