Madison CDL OWI Lawyer
Madison CDL OWI Lawyer for Commercial Drivers
For CDL holders, an OWI can threaten more than a license. It can threaten a career. Attorney Glenn E. Avena helps commercial drivers respond strategically to Wisconsin drunk driving allegations.
Commercial Driver OWI
A CDL OWI Can Put Your Livelihood at Risk
Commercial drivers often face a different level of pressure after an OWI arrest. Employers, insurance requirements, federal rules, Wisconsin licensing consequences, and future employability may all be affected. A CDL holder should not treat an OWI like an ordinary traffic citation.
Attorney Glenn E. Avena reviews the stop, arrest, testing, refusal paperwork, license status, employment concerns, and whether the allegation involved a personal vehicle or commercial motor vehicle. The goal is to protect both the legal defense and the driver's practical future.
CDL OWI Defense Issues
What a Madison CDL OWI Lawyer Reviews
Vehicle Type
Whether the allegation involved a personal vehicle or commercial motor vehicle may matter.
Testing Evidence
Breath, blood, timing, and procedure should be reviewed carefully.
Employment Impact
The defense may need to account for work, insurance, and licensing requirements.
Career Protection
Commercial Drivers Need OWI Defense That Understands the Job
A CDL holder may face pressure from several directions at once: the court case, Wisconsin licensing consequences, employer policies, insurance requirements, federal commercial driving rules, and the practical fear of losing income. Even an allegation involving a personal vehicle can create serious professional consequences.
Attorney Glenn E. Avena helps commercial drivers identify the legal and practical issues early. The defense may involve reviewing the traffic stop, testing evidence, prior record, whether the driver was operating a commercial motor vehicle, whether employment documents are relevant, and how the allegation could affect future driving work.
CDL clients should gather citations, DMV paperwork, employer notices, dispatch or route information if relevant, test documents, and any communication from an employer or licensing authority. The goal is to build a defense that accounts for the client's livelihood, not just the next court date.
OWI Cluster Links
Related Madison OWI Defense Resources
Local Defense, Local Courts
Your case is heard here, by people who work here
Avena Law Office, LLC practices out of one Madison office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.
Common Questions
CDL and OWI Questions from Wisconsin Commercial Drivers
Will I lose my CDL after a first OWI in Wisconsin?
A commercial driver's license carries its own disqualification rules, separate from what happens to your regular driving privileges, and a first OWI conviction can lead to CDL disqualification even though the criminal side is a first offense. Wisconsin treats a first offense as a civil forfeiture of $150 to $300 under Wis. Stat. s. 346.65(2), but the licensing consequences are usually what hurt a commercial driver most.
Can an OWI in my personal vehicle affect my CDL in Wisconsin?
Yes. CDL disqualification rules can be triggered by an OWI conviction or a test refusal even when you were driving your own car, off duty, and nowhere near a commercial vehicle. Many drivers assume the two are kept separate, and they are not. If you hold a CDL, say so at your first meeting with a lawyer so the licensing side is part of the plan immediately.
Is the alcohol limit lower for commercial drivers in Wisconsin?
Yes. A lower alcohol concentration limit applies while you are operating a commercial motor vehicle than applies to an ordinary driver in a personal car, so a result that would not be over the limit off duty can still support a charge on the job. The test itself is still evidence, and it can be reviewed for procedure, timing, and reliability.
Can I get an occupational license to keep driving my truck after an OWI?
An occupational license in Wisconsin can permit limited driving for work, homemaking, school, church, or medical needs, but it generally does not restore commercial driving privileges. A CDL holder who is disqualified normally cannot use an occupational license to keep operating a commercial motor vehicle. Because the rules are strict and the deadlines are short, get advice about your specific license status quickly.
I have a CDL and I refused the breath test. What should I do now?
Act quickly. After a refusal you are served a Notice of Intent to Revoke, and you must request a refusal hearing in writing within 10 days under Wis. Stat. s. 343.305(9)(a)4. Miss that window and the revocation generally takes effect without a hearing, and a refusal can also count as a prior offense later. For a CDL holder, that deadline is worth calling about today at 608.271.2271.
Do I have to tell my employer about an OWI arrest if I drive commercially?
Often yes. Federal commercial driving rules and most employer policies require drivers to report certain convictions, disqualifications, and license actions, sometimes within a few days. Check your own employment agreement and company policy rather than guessing, and talk to a lawyer before you put anything in writing, because what you tell an employer can end up in the court case.
Free Consultation
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If you hold a CDL and were arrested for OWI, contact Avena Law Office immediately.
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