What Happens to Your CDL After an OWI
in Michigan?
Operating While Intoxicated (OWI), also known as Driving Under the Influence (DUI),
can have serious consequences in Michigan, especially for individuals holding a
Commercial Driver’s License (CDL). Both Michigan law and federal regulations impose
strict penalties on CDL holders for alcohol-related offenses, including lengthy
disqualifications of commercial driving privileges. Whether you’re currently a CDL holder
or planning to apply for one, it’s critical to understand how Michigan OWI laws and
federal CDL rules can impact your prospects for obtaining or regaining your CDL.
What to Do If You’re Charged with OWI While Holding a
CDL
If you’ve been charged with an OWI in Michigan, time is critical, especially if you drive
professionally. Holding a CDL comes with additional legal responsibilities and stricter
standards than a standard driver’s license. Here are immediate steps to take to protect
yourself:
Key Steps to Take Immediately:
● Contact a DUI attorney who understands both Michigan OWI law and the
federal CDL regulations. (Need help? Reach out to our office today.)
● Understand your rights under Michigan’s Implied Consent law. Under this
law, simply by driving, you have agreed to submit to chemical testing if arrested
for OWI. Refusing a chemical test will result in an automatic license suspension
(1 year for a first refusal) and six points added to your driving record, even before
any criminal OWI conviction. You only have 14 days to request a hearing with the
Michigan Secretary of State to contest an implied consent suspension, or it takes
effect automatically.
● Be aware of your employer’s reporting obligations to the FMCSA. If you hold
a CDL, you are subject not only to state law but also to federal regulations. Any
OWI arrest or chemical test refusal must be reported. Michigan law requires
that you notify your employer of an OWI test refusal or failure by the end of the
next business day. Your employer, in turn, must report certain violations (like a
breath test over 0.04 BAC or a test refusal) to the Federal Motor Carrier Safety
Administration’s CDL Drug & Alcohol Clearinghouse within 3 business days.
(Note: The Michigan Secretary of State does not directly report OWI incidents to
FMCSA, but federal authorities can access state driving records at any time.)
Michigan OWI and CDL Laws: The Basics
Your Michigan CDL is tied directly to your standard operator’s (or chauffeur’s) license.
This means any OWI penalties affecting your personal driving privileges will
automatically impact your CDL status. Below are some fundamental laws and limits
to be aware of:
Legal Blood Alcohol Limits
● Standard drivers: 0.08% BAC (blood alcohol concentration) is the limit for OWI
in Michigan.
● CDL holders: 0.04% BAC when operating a commercial motor vehicle. In fact,
under federal regulation, a CDL driver is considered legally under the influence at
0.04% or above while driving a commercial vehicle. Most states (including
Michigan) use 0.08% for non-commercial vehicles, but any OWI offense will
affect both your personal and commercial driving privileges. Even if you
were in your personal vehicle, a DUI/OWI conviction or refusal will result in CDL
disqualification (explained below).
What Happens If You Refuse a Chemical Test?
Michigan’s Implied Consent law means refusing a chemical test (blood, breath, or
urine after a lawful OWI arrest) carries immediate, serious consequences – especially
for CDL holders:
● First Refusal: Your driver’s license (and CDL privileges) will be suspended for
1 year. In addition, 6 points are added to your driving record. Importantly, an
officer can still arrest you for OWI even without a BAC result if there is other
evidence of intoxication. (If you were operating a commercial vehicle at the time
of refusal, federal law also imposes an automatic 24-hour out-of-service order
and misdemeanor penalties for the refusal itself.)
● Second Refusal (Within 7 Years): Your license/CDL will be suspended for 2
years (for a second refusal within seven years). Another 6 points will be added to
your record. A second refusal in a commercial vehicle can trigger a long-term
CDL disqualification – potentially a lifetime ban (with eligibility to seek
reinstatement after 10 years) under federal CDL rules.
Note: After any refusal, you must request an administrative hearing with the
Michigan Secretary of State within 14 days to challenge the suspension –
otherwise the suspension is imposed automatically. This is separate from
your criminal court case. Failing to act within 14 days means you forfeit the
opportunity to contest the license sanctions.
Employer and FMCSA Reporting Obligations
Once you’ve refused or failed a chemical test as a CDL driver, reporting requirements
kick in:
● Notify Your Employer: You are required by federal regulation to inform your
employer in writing of any driver’s license suspension, revocation, or
disqualification by the end of the next business day after you receive notice. In
practice, this means if you fail or refuse a chemical test, you should report it to
your employer within 1 day.
● Employer Must Report to FMCSA: Employers are obligated to report certain
alcohol violations to the FMCSA’s Clearinghouse within 3 business days of
learning of the violation. This includes any breath alcohol test of 0.04+ or a
refusal to test by a CDL holder. The reported violation will become part of your
record in the national Clearinghouse database.
● State vs. Federal Records: The Michigan Secretary of State (SOS) does not
itself send OWI/refusal reports to the FMCSA. However, all OWI convictions,
license suspensions, and CDL disqualifications are recorded on your driving
record and in the Commercial Driver’s License Information System (CDLIS).
Federal and out-of-state authorities can access these records at any time. In
short, there is no “hiding” an OWI or refusal from federal regulators or other
states’ licensing agencies.
CDL Consequences After an OWI Conviction
If you are convicted of OWI in Michigan (even for an offense committed in your
personal vehicle), there are mandatory consequences for your CDL. These come in
addition to the standard OWI criminal penalties. Below is what you can expect:
● First OWI Offense (Misdemeanor): A first-time OWI conviction will result in your
CDL being disqualified for 1 year. This one-year disqualification applies even
if the OWI occurred in your personal car, not a commercial vehicle. (If you
were driving a commercial vehicle and transporting hazardous materials at the
time of the offense, the CDL disqualification is increased to 3 years by law.) In
addition, you will face Michigan’s standard OWI penalties for a first offense,
which may include: up to 93 days in jail, fines up to $500, up to 360 hours of
community service, up to 180 days driver’s license suspension, installation of an
ignition interlock device on your personal vehicle (particularly if ordered by the
court or if your BAC was 0.17 or higher), and completion of any court-ordered
substance abuse treatment or education programs.
● Second or Third OWI Offense: A second OWI conviction at any time in your life
results in a lifetime CDL disqualification. (This includes a third offense as well,
since multiple offenses trigger the lifetime ban.) In Michigan, “lifetime” really
means at least 10 years – you may be eligible to petition for reinstatement of
your CDL after 10 years, but only if you meet strict rehabilitation requirements
and the state approves your reinstatement. Additionally, second and third OWI
offenses carry enhanced criminal penalties under state law. For example, a
second OWI within 7 years is a misdemeanor punishable by up to 1 year in jail
and fines up to $1,000 (among other penalties). A third offense is a felony with
even more severe consequences. In short, repeat OWI offenders will not be able
to legally drive commercial vehicles for a very long time, if ever.
How to Get Your CDL Back After an OWI Conviction
Even if your CDL has been disqualified, you may have options to regain it once you’ve
served the applicable penalties. The process and likelihood of reinstatement depend on
your record (single offense vs. multiple offenses). Here’s what to expect:
If You Have One OWI Conviction:
After a first-offense OWI, you must complete the full one-year CDL disqualification
period before regaining your commercial license. Once that year has passed, you will
need to ensure all court-mandated requirements are completed (for example, any
jail time, fines, community service, alcohol programs, and ignition interlock usage must
be fulfilled as ordered by the court). The Secretary of State may require you to
apply for your CDL privileges again, which can include retaking the CDL knowledge and
skills tests. Be prepared to pay any reinstatement fee and submit to a new DOT medical
exam if required. It’s important to keep documentation of everything (proof of completed
alcohol treatment, interlock reports, etc.), as you may need to provide evidence of
compliance when you apply to reinstate your CDL privileges. Essentially, you must
re-qualify as a CDL driver after an OWI, meeting all the usual licensing standards again,
so use the downtime to get your affairs in order.
If You Have Multiple OWI Convictions:
With two or more OWI convictions, your CDL is disqualified for life by default. Michigan,
however, does allow a one-time opportunity to regain your CDL after 10 years,
provided you meet rigorous conditions. To even be considered for reinstatement after a
lifetime disqualification, you will need to:
1. Wait at least 10 years from the date of your most recent OWI offense. During
this period, you should maintain a completely clean driving record (no new
violations, alcohol-related or otherwise).
2. Demonstrate rehabilitation and sobriety. This typically means completing a
long-term substance abuse treatment program and sustaining your sobriety for
many years. When you petition for CDL reinstatement, you will need to provide
documentation, such as letters from counselors, support group sponsors,
employers, or family, attesting to your sobriety and changed behavior over
the past decade. The Michigan SOS hearing officers will expect concrete
evidence that you have turned your life around.
3. Petition the Michigan Secretary of State and attend a hearing. CDL
reinstatements after a lifetime ban are not automatic. You must formally request
a review (after the 10-year minimum) and often appear before an administrative
law judge or hearing officer. At the hearing, the burden is on you to prove that
granting your CDL back would not jeopardize public safety. The state has
discretion to deny your request if they are not convinced of your rehabilitation.
Only if you successfully make your case will your CDL privileges be restored.
Keep in mind that you get only one chance at a CDL reinstatement after a “lifetime”
disqualification. If you are reinstated and then incur another disqualifying offense, you
will be permanently barred from holding a CDL.
Can You Get a CDL If You Already Have an OWI on Your
Record?
Yes — but with restrictions. Having a past OWI on your driving record does not
permanently prevent you from obtaining a Commercial Driver’s License, but it does
make the path more challenging. Here are key points to know if you’re hoping to apply
for a CDL after a prior OWI conviction:
● Waiting Period: You will likely need to wait a significant period of time after your
OWI conviction before you can get a CDL. In Michigan, the unofficial guideline is
to wait at least 2–3 years after the conviction before applying. This allows any
license suspensions or revocations to lapse and gives you time to demonstrate
safe driving. (By law, you cannot obtain a CDL while your regular driver’s license
is suspended or revoked. Once your driving privileges are fully restored, you
become eligible for a CDL, but a recent DUI will still be noted on your record.)
● Meet Standard Licensing Requirements: When you do apply, you must meet
all the normal CDL licensing criteria. This includes holding a valid Michigan
driver’s license, passing a CDL knowledge test and road skills test, obtaining a
medical examiner’s certificate, and possibly undergoing a background check
(especially for certain endorsements). An OWI on your record does not exempt
you from any of these requirements. You will not be issued a CDL if you don’t
satisfy the training, testing, and documentation standards that apply to all new
drivers.
● Record Review: The SOS and federal regulators will review your full driving
history when you apply. All prior offenses (including OWI convictions) will show
up during the record check via the National Driver Register and CDLIS
databases. There may not be a formal interview, but understand that the
presence of an OWI means you are coming in with a strike against you. Proof of
rehabilitation – such as a period of violation-free driving and perhaps character
reference letters – can help your cause if the state has any discretion.
● Job Prospects: Many employers have policies against hiring drivers with a
DUI/OWI on their record, at least for a certain number of years. While this is not a
legal barrier to getting your CDL, it is a practical reality. Insurance companies
also charge trucking firms much higher premiums for drivers with recent OWIs.
Be prepared that you might need to start with smaller companies or less
desirable routes to prove yourself. Over time (typically after that offense is 5+
years old), it will become easier to find driving jobs, but immediately after getting
your CDL with an OWI in your history, opportunities may be limited.
Summary
If you hold — or hope to obtain — a Commercial Driver’s License, an OWI charge in
Michigan can significantly derail your career. The legal consequences for CDL holders
are steeper than those for non-commercial drivers. From mandatory one-year
suspensions to lifetime bans on commercial driving, an OWI can take away your ability
to earn a living in trucking. Even a refusal to submit to a chemical test carries harsh
CDL penalties that can sideline you for years.
That said, with the right legal representation and proactive steps, it is possible to regain
your CDL or eventually obtain one in the future — especially if it’s your first offense.
Michigan law provides some avenues for reinstatement after you’ve demonstrated
rehabilitation. Your priority after an OWI arrest as a CDL holder should be to minimize
the damage, comply with all requirements, and position yourself for a comeback once
you’re eligible.
Why Legal Representation Matters
Navigating Michigan’s OWI laws as a CDL holder is not something you should face
alone. The overlap of state and federal regulations makes these cases complex. You
need an attorney who understands:
● Michigan traffic and CDL statutes – including the specific provisions of the
Michigan Vehicle Code that apply to commercial drivers.
● Federal FMCSA regulations – such as reporting requirements and
disqualification rules that govern CDL licensing nationwide.
● Local practices – how West Michigan judges and prosecutors typically handle
OWI cases, and what arguments might persuade them in a CDL context (for
example, highlighting your livelihood and safety record).
An experienced lawyer can help you contest the OWI charges (when possible),
represent you in SOS license hearings, and ensure all procedural steps are properly
followed so you have the best chance of protecting your license.
Call Mark Caldwell for CDL OWI Defense
If you’ve been charged with an OWI in West Michigan and have a CDL at stake, contact
Mark Caldwell today. He has deep experience helping commercial drivers defend their
rights and protect their livelihoods in the face of OWI allegations. Don’t let a single
mistake destroy your career.
Call or text Mark at 616-915-6576 or email mark@markmcaldwell.com to get skilled
legal help. Take the first step toward restoring your license and your peace of mind –
schedule a free consultation today.
