Commercial Drivers License and DUI in Oregon
A person who operates a commercial vehicle fails a chemical test if the person’s blood alcohol content is .04 percent or more by weight. If the driver of a commercial vehicle fails a breath or blood test or refuses to take a chemical test, the person’s commercial driver license will be suspended. The suspension will be substantially longer if the person refuses a test. A commercial driver license may be revoked permanently if the person refuses or fails a test and has previously been convicted of failure to perform the duties of a driver. A person who has any prior conviction that arose from operating a commercial vehicle may have his commercial driver license revoked for life if the person commits a DUII.
If carrying hazardous materials at the time of the offense, a commercial driver license will be revoked for 3 years. A second offense while carrying hazardous materials results in a permanent revocation of the commercial driver license. CDL holders are not eligible for any diversion for traffic offenses. Diversion in Oregon allows a person to complete an alcohol or drug rehabilitation program instead of being convicted of DUII. This allows a person to avoid having a DUII conviction on his record. Diversion is not available for CDL holders. DUII laws in Oregon are stricter for commercial drivers than for other motorists. There is a lower blood alcohol limit for commercial drivers and there is no diversion available.
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