refused test

[trucknchuck]

I have had my cdl for 3 years now and been driving for a small mom and pop operation as an owner op but I sold my truck back in feb.
So now I am looking to become a company driver and have been turned down by 4 carriers all saying i refused a test.

the refuseal does not show up on my fl mvr in fact it was before I even had a cdl and here is why I refused I had a suspended licence anyway and at that time I liked screwing with cops I knew I was going to jail for the night anyway but I asked for a jury trial and I won
I never had a dui.the squad video set me free this cop was just looking for someone to screw with at 2 in the morning.

I am just wondering how long a refusal will count against you.and since its been over 4 years when will it stop showing on the mvr from the other state?

[Orangetxguy]

Maybe it would be in your own best interests to go back to the court that cleared you of the charges, and get the "Refused Test" cleared from your Personal MVR, or where ever it is posted.

[trucknchuck]

well I am not saying I didnt refuse test I did.but this was before I even had cdl and wasnt even thinking about how the refusal would effect future employment.now I am just wondering how long it could screw me up.

why do companies ask for 3 yrs of violations and then come up with something thats older?

[Skywalker]

Like Stan (Orangetxguy) said..... Go back to the court where it was dismissed, and get it expunged. If the charge was kicked...as in "Not Guilty", then the other should be as well. Failure to follow through, will probably lead to you having one helluva time getting hired by anyone.

I'm a Florida Resident.... and at the bottom of my license it reads: "Operation of a motor vehicle constitutes consent to any sobriety test required by law". Under FL law, if you refuse to take a sobriety test your license is "automatically suspended", pending the outcome of the case per the pertinent laws. Since you were apparently found not guilty....you need to pursue the issue and get the corrections made if possible. Here is a link to the pertinent law for a starting point:

Statutes & Constitution :View Statutes : Online Sunshine

You will need to get a "lifetime MVR" from the Clerk of the Court in your home county. It will more than likely cost you $5.00. If it is on your MVR....it will show up there. If it is there, you need to take "proof" of the Not Guilty finding to the Clerk of the Court that had jurisdiction on the issue and present it and ask that they process a removal from the MVR. Frankly....You may have to engage a lawyer to do it. You will also have to get a copy of your DAC/USIS report and make sure its not there, an if it is, get it expunged as well.

If you don't....you may not ever get another job in this industry.

Note: I am not a lawyer, therefore nothing stated above is more than my two cents, and you may take it for what it is worth...but I think its "fair advice" to solve a problem. You need to consult an attorney who deals with DUI law.

[GMAN]

That refusal could affect you up to 10 years or longer, depending on the carrier. If you were found not guilty then it should not even appear on your record. As was previously suggest, you need to go back to the court where this was tried and get it expunged. It may take some time to get it expunged, but it will be worth it if you can get it done. Alcohol and drugs are a big no no with most carriers. The liability is too great. You didn't mention how long ago this happened but time will essentially make it go away. You might contact some of the smaller carriers. They will sometimes be more flexible on their hiring policies. Most large companies are rather rigid in their policies.