INFO ON DUI
- Thread starter HOTRODD
- Start date
late for dinner
Expert Expediter
When the CDL first came out I remember the officer that talked about it at the company I worked at said anybody with a CDL would get a one year suspension for a DUI.
Doggie Daddy
Veteran Expediter
Do yourself a favor and get a lawyer that specializes in DUI cases,you do not want to be charged with this offense if you are a CDL holder (or even if you are not).The money that you pay a lawyer to get this charge reduced will be less than it will cost you in the long run after being charged with DUI.
Getting your CDL back means absolutely nothing if a company cannot (or will not) hire you. You are looking at 5 years as a minimum, and those 5 years should be squeaky clean - no tickets of ANY kind. Some companies require 10 years squeaky clean record, and some just plain won't hire anybody that's ever had a DUI.
It's a tough situation - and the consequences are not light.
It's a tough situation - and the consequences are not light.
A DUI is now a "Major Offense" according to the DOT Regs. Any Major Offense, in ANY vehicle type (meaning personal car also) will disqualify the driver for a period of one (1) year.
A second violation will disqualify the driver for LIFE.
The major violations (in ANY vehicle) are:
- Being under the influence of alcohol as prescribed by state law.
- Being under the influence of a controlled substance.
- Refusing to take an alcohol test as required by a state or jurisdiction under it's implied consent laws.
- Leaving the scene of an accident.
- Using a vehicle to commit a felony.
- Using a vehicle in the commission of a felony involving the manufacturing, distributing or dispensing of a controlled substance ( disqualified for life/not eligible for reinstatement).
Pretty heavy duty!
Most carriers are "directed" by their insurance companies to set certain "hiring criteria". One such item is DUI's, with most advising that no driver be hired with a DUI less than five (5) years old. Many companies will not hire driver with any DUI.
As a professional Safety Director, I always remind myself that I must be willing to testify in a court of law why I felt comfortable hiring any person or driver.
Thanks,
HotFr8Recruiter
A second violation will disqualify the driver for LIFE.
The major violations (in ANY vehicle) are:
- Being under the influence of alcohol as prescribed by state law.
- Being under the influence of a controlled substance.
- Refusing to take an alcohol test as required by a state or jurisdiction under it's implied consent laws.
- Leaving the scene of an accident.
- Using a vehicle to commit a felony.
- Using a vehicle in the commission of a felony involving the manufacturing, distributing or dispensing of a controlled substance ( disqualified for life/not eligible for reinstatement).
Pretty heavy duty!
Most carriers are "directed" by their insurance companies to set certain "hiring criteria". One such item is DUI's, with most advising that no driver be hired with a DUI less than five (5) years old. Many companies will not hire driver with any DUI.
As a professional Safety Director, I always remind myself that I must be willing to testify in a court of law why I felt comfortable hiring any person or driver.
Thanks,
HotFr8Recruiter
I did hire a lawyer,The day after the charge.But all I've heard from him was his fee's. And the 1st court date was changed because the arresting officer couldn't be in court on that date. So now it's set for 13 June.I guess there is no need to worry about it.Three years I'll ba eligable for SS if not before.
late for dinner
Expert Expediter
Well Horrodd, it will cause problems for the rest of your life. Your will not be able to vacation in Canada for example. It will exclude you from a lot of jobs, if you want to work part time that is. The list just goes on and on.
I agree with the others try and fight this charge as hard as you can to get a conviction reduction that is not alcohol related. The money spent to do so will be well worth it as a conviction for this can kill you as a trucker, my company for instance will not take on anyone with any alcohol conviction due to the need to run in Canada. Denny
G
guest
Guest
Hotrod, your best bet would be to fight it and get it dropped down to something else. Just all the Extra money you will have to pay in the long run, would be more than a lawyer. Some states make you carry an SR22 bond on top of your insurance.
Drive safe
Dave Mayfield
FEDExCC/Roberts express O/O Since 3/1/1995
C1847,C2045,D3397,
Drive safe
Dave Mayfield
FEDExCC/Roberts express O/O Since 3/1/1995
C1847,C2045,D3397,
Im not sure I understand all this. I know a fella who has had 4 lifetime DUI's. One around 1979, '86, '89, and 1997. He got his CDL last year. I understand the restrictions. Especially that 2 lifetime DUI's disqualifies for life. How can this be? How can a person be subject to penalties that did not exist at the time of the infraction? That would be kind of like serving a prison sentence of say 5 years, then later the penalty getting uped and getting called back to prison???? Not to mention the fact that a lifetime for a person in their 50's is something totally differant than a lifetime for someone in the mid to late 20's. Sounds a little like some kind of age discrimination to me. Along with increasing intolerance needs to be understanding and compassion. I can remember a time when DUI was really no big deal. It was routine where I grew up, if stopped while under the influence that you might be escorted home instead of jail. I agree with todays laws. DUI is a killer.... a serious offense. But is it possible that the acumulated DUI's need to be dated with respect to the law? For example (and I dont know when the current penalties went into effect) Might the 3 priors to the one he got in 1997 for the fella I referenced above be dated before the current penalties went into effect? Sounds fair to me.... but with increasing social pressures, the law is not allways fair.........
Or did he luck out and his employer, and the authority issuing his CDL simply do a 10 year check? What is the common practice for the time checked? In 1979, I doubt they had the capability to maintain the record. Much differant now in the computer age.
I read somewhere in this string that as a downside to getting a DUI not being able to vacation in Canada.......not much of a downside Id say.... just a bunch of ice and communists up there anyway!!!
Or did he luck out and his employer, and the authority issuing his CDL simply do a 10 year check? What is the common practice for the time checked? In 1979, I doubt they had the capability to maintain the record. Much differant now in the computer age.
I read somewhere in this string that as a downside to getting a DUI not being able to vacation in Canada.......not much of a downside Id say.... just a bunch of ice and communists up there anyway!!!
greg334
Veteran Expediter
Well kg I am going to make it a little longer.
I agree with kg, 100%.
I have zero toleration for drinking and driving – especially when someone is driving anything that can destroy things, like a 40 ton out of control truck. My feelings are such that if you get caught the vehicle you are driving now is state property, you lose your license and you never can get a license again, too bad. No court, no second chances to kill someone. Sound harsh but when you see the carnage first hand, you will agree.
As for Guvna’s comments, there is absolutely no need for compassion and understanding when other lives are involved – this is why it was acceptable in the first place. People woke up and decided that compassion and understanding odn't work, being tough does. You are talking about a profession, albeit a profession that is more regulated as the years go by and lately has been accepting anyone who breaths to drive but still a profession. There are standards that should be met and if some don’t meet those standards, too bad.
I agree with kg, 100%.
I have zero toleration for drinking and driving – especially when someone is driving anything that can destroy things, like a 40 ton out of control truck. My feelings are such that if you get caught the vehicle you are driving now is state property, you lose your license and you never can get a license again, too bad. No court, no second chances to kill someone. Sound harsh but when you see the carnage first hand, you will agree.
As for Guvna’s comments, there is absolutely no need for compassion and understanding when other lives are involved – this is why it was acceptable in the first place. People woke up and decided that compassion and understanding odn't work, being tough does. You are talking about a profession, albeit a profession that is more regulated as the years go by and lately has been accepting anyone who breaths to drive but still a profession. There are standards that should be met and if some don’t meet those standards, too bad.
this is the only business that bans you from working in your profession if stopped for a DWI/DUI. Doctors Lawyers,Public Officials,Presidents,Ministers,Ect,ect, are allowed to continue their profession and continue to drive. You can be any kind of professional and be human and make one mistake.Driving a POV and getting a DUI shouldn't affect your commerical drining skills.I'm sure that I'm not the only CDL holder that likes to par take in a few off duty (vacation not in a commerical vehicle)drinks.I admit I made a mistake and am going to pay for it.But this DUI (POV)never lowered my skills as a commerical operator on duty.
M A WEBSTER
Expert Expediter
Only the GOOD survive Opinions are like A_ _ H_ _ _ _ _. Everyone has one. A person is entitled to one mistake in life. HOTROOD made his/Hers. Dont go bashing the person.I read a post on here about a person from KY that got a DUI in VA. Lost his privelge to operate in VA for 1yr. I would like to know what his professional driving status is now. I just hate to get on here and read post's that are negative. take a doctor for instance he makes one mistake in his profession is he ban from his profession 3,5yrs or life????
Why do people use the word mistake in a situation like this? Mistakes are unintentional. When I misspell a word in a post, that's a mistake. I had no desire to misspell the word. When someone drinks and drives that's a choice. The "we're all only human" thing just does'nt fly here. I like that some judges are starting to drop the ridiculas first offence view on this. The chance that the first time someone gets busted is their first offence is practically nil.
greg334
Veteran Expediter
>this is the only business that bans you from working in your
>profession if stopped for a DWI/DUI. Doctors Lawyers,Public
>Officials,Presidents,Ministers,Ect,ect, are allowed to
>continue their profession and continue to drive. You can be
>any kind of professional and be human and make one
>mistake.Driving a POV and getting a DUI shouldn't affect
>your commerical drining skills.I'm sure that I'm not the
>only CDL holder that likes to par take in a few off duty
>(vacation not in a commerical vehicle)drinks.I admit I made
>a mistake and am going to pay for it.But this DUI (POV)never
>lowered my skills as a commerical operator on duty.
HotRodd,
Oh I am not saying that your skills are in question, you may be the most skilled driver out on the road, but I have an issue with anyone considering DUI as a 'mistake' - nothing personal towards you – I am just passionate of my views on this subject.
I am not lecturing just telling you my view point. Being a professional does not stop when you leave your work place, it is something that you bring with you everywhere because it is your choice. you got the CDL, learn the rules and now must live by them.
I worked for a lab that was in charge of testing for the Michigan Physicians Drug Rehabilitation program and got to tell you that I would want to see everyone one of them stripped of their license to practice in all 50 states. Some things I found out that was done to patients made me sick and the doctors and nurse who went through the program could not be sued for malpractice, talk about no accountability. They as the others you mention should be held accountable because they too and destroy peoples lives.
As for others, I agree with you 100% but politicians, ministers, presidents and such don’t drive for a living and don’t have to abide by standards/regulations/laws that ensure the safety of others around them.
Sorry if I sound harsh.
>profession if stopped for a DWI/DUI. Doctors Lawyers,Public
>Officials,Presidents,Ministers,Ect,ect, are allowed to
>continue their profession and continue to drive. You can be
>any kind of professional and be human and make one
>mistake.Driving a POV and getting a DUI shouldn't affect
>your commerical drining skills.I'm sure that I'm not the
>only CDL holder that likes to par take in a few off duty
>(vacation not in a commerical vehicle)drinks.I admit I made
>a mistake and am going to pay for it.But this DUI (POV)never
>lowered my skills as a commerical operator on duty.
HotRodd,
Oh I am not saying that your skills are in question, you may be the most skilled driver out on the road, but I have an issue with anyone considering DUI as a 'mistake' - nothing personal towards you – I am just passionate of my views on this subject.
I am not lecturing just telling you my view point. Being a professional does not stop when you leave your work place, it is something that you bring with you everywhere because it is your choice. you got the CDL, learn the rules and now must live by them.
I worked for a lab that was in charge of testing for the Michigan Physicians Drug Rehabilitation program and got to tell you that I would want to see everyone one of them stripped of their license to practice in all 50 states. Some things I found out that was done to patients made me sick and the doctors and nurse who went through the program could not be sued for malpractice, talk about no accountability. They as the others you mention should be held accountable because they too and destroy peoples lives.
As for others, I agree with you 100% but politicians, ministers, presidents and such don’t drive for a living and don’t have to abide by standards/regulations/laws that ensure the safety of others around them.
Sorry if I sound harsh.
dhalltoyo
Veteran Expediter
Negative posts?
Ah yes, the liberal mindset. If the truth hits somebody where they live we are supposed to simply roll over and look the other way; hence, condoning lawless and dangerous behavior.
We should jump for joy that a DWI/DUI driver is not going to be on the road! Hey, my life, my family's lives and your lives are in jeparody when drunks drive. And statistically they are 90+ percent repeat offenders. It is not simply just one mistake. And maybe you enjoy paying excessive insurance rates to compensate for the accidents caused by drunk drivers; I don't!
And there is a huge difference between doctors and truckers. The potential for death and destruction caused by an object 10 feet wide, 70 feet long and weighing 80,000 lbs is VASTLY different than that of a BMW. Moreover, the professional driver is being judged by the professional standards of his chosen avocation. The same holds true for a physician. If the physician makes a judgment error in his diagnosis or surgical technique he ALSO can lose his license for life. It happens quite often. I worked in the hospital long enough to have been called to testify in malpractice suits.
There is nothing negative about the truth. In fact, here are some words of wisdom written over 2000 years ago.
Am I therefore become your enemy because I tell you the truth?
You shouldn't. Actually you should be glad that there are still folks who believe in doing things decently and in order.
May we never forget that this nation is a Republic founded on the basis of law.
Ah yes, the liberal mindset. If the truth hits somebody where they live we are supposed to simply roll over and look the other way; hence, condoning lawless and dangerous behavior.
We should jump for joy that a DWI/DUI driver is not going to be on the road! Hey, my life, my family's lives and your lives are in jeparody when drunks drive. And statistically they are 90+ percent repeat offenders. It is not simply just one mistake. And maybe you enjoy paying excessive insurance rates to compensate for the accidents caused by drunk drivers; I don't!
And there is a huge difference between doctors and truckers. The potential for death and destruction caused by an object 10 feet wide, 70 feet long and weighing 80,000 lbs is VASTLY different than that of a BMW. Moreover, the professional driver is being judged by the professional standards of his chosen avocation. The same holds true for a physician. If the physician makes a judgment error in his diagnosis or surgical technique he ALSO can lose his license for life. It happens quite often. I worked in the hospital long enough to have been called to testify in malpractice suits.
There is nothing negative about the truth. In fact, here are some words of wisdom written over 2000 years ago.
Am I therefore become your enemy because I tell you the truth?
You shouldn't. Actually you should be glad that there are still folks who believe in doing things decently and in order.
May we never forget that this nation is a Republic founded on the basis of law.
Amen to that, buddy.
You listen to this guy! Get a lawyer! Get it reduced to reckless or lower, but don't screw around with this if you want to drive for anybody that pays more'n a nickle a mile in a vehicle that Dwight Eisnhower drove (and was beat up then) in the next five or six years.
Then again... everybody's so desperate for drivers, you might luck out and be driving again in just two or three years. I wouldn't count on it, but you never know. Doesn't sound like you're overly lucky, though.
finney
You listen to this guy! Get a lawyer! Get it reduced to reckless or lower, but don't screw around with this if you want to drive for anybody that pays more'n a nickle a mile in a vehicle that Dwight Eisnhower drove (and was beat up then) in the next five or six years.
Then again... everybody's so desperate for drivers, you might luck out and be driving again in just two or three years. I wouldn't count on it, but you never know. Doesn't sound like you're overly lucky, though.
finney