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) ). Therefore, any conviction under the "drunk driving" statute 257.625, whether while operating a commercial vehicle or personal vehicle will result in a 1 year suspension of the commercial driver's license (CDL). The driver's license sanctions for personal driver's licenses are not affected. For example, an OWI conviction would suspend a CDL for 1 year, yet a personal driver's license is only suspended for 90 days. 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.
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