What Happens to Your CDL After an OWI in Michigan?
Operating While Intoxicated (OWI) can have severe consequences in Michigan, particularly for individuals with a Commercial Driver’s License (CDL). State law treats these violations with greater severity when compared to standard driver cases. 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. A CDL OWI Michigan case brings additional legal responsibilities and stricter standards compared to 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. A CDL and personal vehicle DUI in Michigan violation demonstrates how even off-duty conduct can carry serious consequences. 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). For a detailed breakdown of these limits and legal consequences, visit our Michigan OWI law overview.
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. A Michigan implied consent CDL violation can trigger automatic suspensions and additional penalties that threaten your ability to continue driving commercially. You only have 14 days to request an SOS hearing. Read more about Implied Consent and license suspensions.
● 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 misdemeanour 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. A CDL disqualification in Michigan can remove your ability to operate commercial vehicles for a set period, creating long-term challenges for your career. For detailed information about first, second, or third offenses, see our OWI penalties guide. 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. A CDL lifetime disqualification DUI makes it extremely difficult for repeat offenders to ever return to commercial driving. 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. Repeat violations can trigger CDL reinstatement after DUI in Michigan, but approval is never guaranteed and depends on strict compliance with state and federal requirements.
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. A Michigan Secretary of State CDL suspension often triggers these requirements, making the process lengthy and demanding. 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. A CDL reinstatement hearing in Michigan requires you to present strong evidence of rehabilitation and compliance with all legal requirements. When you petition for reinstatement, you will need to provide documentation such as letters from counselors, support group sponsors, employers, or family, confirming your sobriety and changed behavior over the past decade. Michigan SOS hearing officers carefully review this evidence before deciding on CDL reinstatement after DUI in Michigan, and only well-prepared cases have a chance of success.
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. Learn about your options on our driver’s license restoration page. 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. A CDL one-year suspension DUI on your record can create major hurdles in the job market, even after your license is technically eligible for reinstatement. While this is not a legal barrier to obtaining your CDL, it is a practical reality. Trucking firms also face higher insurance costs for drivers with recent alcohol-related violations. Because of these risks, employers closely monitor the CDL drug and alcohol clearinghouse Michigan database before making hiring decisions. Be prepared to start with smaller companies or less desirable routes to rebuild your record and demonstrate reliability. 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 stricter than those for non-commercial drivers. A violation of the CDL BAC limit in Michigan often triggers automatic suspensions, even when the alcohol level would not disqualify a standard driver.
From mandatory one-year suspensions to lifetime bans on commercial driving, an OWI can remove your ability to earn a living in trucking. Federal oversight adds to this, as CDL disqualification rules, FMCSA sets nationwide standards that states must enforce. Even a refusal to submit to a chemical test carries harsh 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 qualify for one in the future — especially if it’s your first offense. Michigan law provides some opportunities for reinstatement once rehabilitation is proven. Your priority after an OWI arrest as a CDL holder should be to minimize the damage, comply fully with requirements, and position yourself for reinstatement when 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. Our firm provides comprehensive legal services in Grand Rapids. 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.
