Truck Driving Jobs

mf2004champ · #1 12-24-2007, 10:07 PM

Hey guys, I've got a friend that recently got a DUI, that was dismissed and is in the process of getting it expunged off his record. He refused the breath test, which caused the 1 year suspension. He is not very computer savy, so he asked me for some advice.

He got his CDL in spring 2007, worked for a company for 2 months, but quit b/c it wasn't for him. He hasn't driven since. The question he has is concerning his future in the trucking industry because he was considering going back to it before the DUI. Now, after the suspension.

I told him probably 3 years min. for the large OTR carriers. His driving record is clean, nothing except this disaster that happened last month.

Thanks.

BIG JEEP on 44's · #2 12-24-2007, 10:24 PM

Quote:

Originally Posted by mf2004champ

Hey guys, I've got a friend that recently got a DUI, that was dismissed and is in the process of getting it expunged off his record. He refused the breath test, which caused the 1 year suspension. He is not very computer savy, so he asked me for some advice.

He got his CDL in spring 2007, worked for a company for 2 months, but quit b/c it wasn't for him. He hasn't driven since. The question he has is concerning his future in the trucking industry because he was considering going back to it before the DUI. Now, after the suspension.

I told him probably 3 years min. for the large OTR carriers. His driving record is clean, nothing except this disaster that happened last month.

Thanks.

I don't understand if it was dismissed then he doesn't have a DUI ...As for the breathalizer I don't know ,But did they do a Blood Alchohol test . I just don't understand how he got charged with a DUI ,but it got dropped , but he is charged with a refusal ?

Uturn2001 · #3 12-24-2007, 10:39 PM

Big Jeep maybe this will help you understand:

Quote:

(c)(2) Disqualifying offenses. The following offenses are disqualifying offenses:

(c)(2)(i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include:

(c)(2)(i)(A) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04% or more;

(c)(2)(i)(B) Driving under the influence of alcohol, as prescribed by State law; or

(c)(2)(i)(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §391.15(c)(2)(i)(A) or (B), or §392.5(a)(2).

Taken from 391.15

Just refusing to take the breathalyser test will get you a 1 year suspension if you hold a CDL regardless if you are found guilty of DUI or not.

Uturn2001 · #4 12-24-2007, 10:41 PM

Companies are most likely going to view this as the same thing as a DUI so he is looking at least a 3 year period before any company is going to even talk to him, maybe longer.

farder · #5 12-24-2007, 10:58 PM

Pretty sure most states consider a refusal the same as a conviction.

BigGee · #6 12-24-2007, 11:53 PM

They can not force you to take a Blood Alchohol test , against your will. What they can do is take you to the choice of hospital you would like to take it at. Are either they can take you too jail, thats the law. Your friend did the right thing, if he refuse to take one. He can not be charge with a DUI, but they can charge with with a refusal. Which, means he will get his license suspended for 1 year. But, he can get a lawyer and he can contest the suspension. But, the only problem with that is that he had to get it contest in a certain time around the arrest. but still tell your friend to check a lawyer to see what he can do.

#7 12-25-2007, 12:03 AM

Quote:

Originally Posted by BigGee

They can not force you to take a Blood Alchohol test , against your will. What they can do is take you to the choice of hospital you would like to take it at. Are either they can take you too jail, thats the law. I would suggest tell your friend to get a lawyer and fight this. And since you friend has been dissmiss for the DUI. All, he has to do is get a lawyer and the lawyer should be able to straight out everything. I had a friend to get a lawyer and the lawyer fought for him to keep his license. Over the same situation as your friend was in for.

No they can not force you and you are not required, but in most places a refusal gets you an automatic suspension, there wont be a DUI and no jail time but you will still get a suspension. A refusal to test is a pretty cut and dry thing with not much to stand on when trying to fight it.

BIG JEEP on 44's · #8 12-25-2007, 12:13 AM

Quote:

Originally Posted by Uturn2001

Big Jeep maybe this will help you understand:

Quote:

(c)(2) Disqualifying offenses. The following offenses are disqualifying offenses:

(c)(2)(i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include:

(c)(2)(i)(A) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04% or more;

(c)(2)(i)(B) Driving under the influence of alcohol, as prescribed by State law; or

(c)(2)(i)(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §391.15(c)(2)(i)(A) or (B), or §392.5(a)(2).

Taken from 391.15

Just refusing to take the breathalyser test will get you a 1 year suspension if you hold a CDL regardless if you are found guilty of DUI or not.

I didn't realize just holding a CDL held you to those rules even when out in your own PV ? ...But then again I don't drink ,So I'm not up on laws regarding the consumption of Alchoholic beverages.

#9 12-25-2007, 12:22 AM

Anything bad that happens in your personal vehicle can pretty much screw your life and career over if you hold a CDL....Having one makes a lot of things worse....I know here in Tennessee, probably a federal thing, you cant even go to driving school to gid rid of speeding tickets and stuff like you can with a regular license.

ben45750 · #10 12-25-2007, 12:29 AM

It's the same even if you don't have a CDL. A refusal to take a BAC test is a automatic suspension.