|
|
07-17-2010, 01:51 PM
|
Administrator
Site Admin
Board Icon
Join Date: Feb 2005
Location: Tennessee
Posts: 17,097
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
Quote:
Originally Posted by Fredog
the law says your license is automatically suspended if you refuse a test, but you can NOT be convicted of the dui in this case.
that's why when a drunk is involved in a wreck, often he will run, and then when he sobers up, he will turn himself in, then they cant convict him of dui
because he will pass the test
|
Under current laws, at least in my state, if you refuse to take the breath test you will be found guilty of DWI. Your license will be suspended for 1 year and you could spend 48 hours in jail. I believe that they have changed the law to get rid of the DWI designation and now use the DUI for both the implied consent and actually driving under the influence. Refusal is an automatic conviction. I believe that it is the same with most states. I did quite a bit of research on this a few years ago, in several states, and was surprised that to find that you could actually be convicted of driving while intoxicated by refusing to take a breath test, which violates the fifth amendment of the constitution. I have spoken with a couple of people who were convicted under the implied consent laws and was told that it showed up as a DWI or DUI conviction.
|
07-17-2010, 03:05 PM
|
Senior Board Member
Join Date: Apr 2005
Location: North Georgia
Posts: 3,756
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
Tennessee Implied Consent Law & Test Refusal Penalties
The officer is then going to request that you submit to a chemical test. Submitting to a chemical test is required by the Tennessee Implied consent law. If a driver refuses to submit to a chemical test, the officer must inform the driver of the penalties for test refusal and then ask the driver a second time if he or she will submit to a chemical test.
If this is a first offense violation, your license will be revoked for 1-year for a test refusal. A second offense refusal will result in a 2-year revocation of your license. If a driving under the influence offense results in a crash causing injuries to another person and you refuse to submit to a chemical test your license will be revoked for 2-years or 5-years if the crash resulted in a death.
|
07-17-2010, 09:25 PM
|
Board Icon
Join Date: Apr 2005
Location: Orange, VA
Posts: 5,684
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
Unless it's changed in VA, you can refuse the tests as long as you want so said lawyers here. They said it was easy to get off if caught, refuse all the roadside tests, let them suspend your license and sit you in jail. DO NOT take any test when they ask you to at the pokey. Continue to refuse it until you know your sober, once you feel your sober enough then you take the breath test. You come up clean and dead sober so they let you out. Upon getting out, go get a lawyer and you can get everything expunged and you make some money out of it for false imprisonment. The breath test you finally took showed you were sober, they have no other evidence against you other than their word against yours which won't fly in court when the breath test shows you were sober so long as you refuse the other field tests also. Again, this info is about 10 years old so the loophole may have been closed. It was a flaw in the system that was easy to expose if you got stopped for a DUI/DWI.
|
07-17-2010, 09:53 PM
|
Administrator
Site Admin
Board Icon
Join Date: Feb 2005
Location: Tennessee
Posts: 17,097
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
I doubt that would fly today. Most states have similar laws concerning implied consent and DUI's. It has been several years since I did the research on these laws, but most of them are pretty similar. I would expect that you would be required to take the breath test within a certain time period for it to be valid in court. At one time lawyers used to tell clients to not take the breath tests if caught driving under the influence. Without the breath test it was much more difficult to prove whether the client was drinking or not and how much. It was basically their word against the officer.
I spoke to a guy who lives about 30 miles from me and he was arrested and charged after testing positive for drinking. In court his lawyer had him take a breath test and then swash some Listerine around in his mouth and then administer the breath test again. He tested no alcohol with the first test and over the limit with the second. His case was supposed to have been kicked out.
|
08-08-2010, 02:09 PM
|
Rookie
Join Date: Aug 2010
Posts: 11
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
Quote:
Originally Posted by ronss
i had 2 back in 94..allmost in the same month....everything was taken care off in 95, and have not drank since....
the 2 tickets were coming home from the bar
problem...no one wants to hire me.....am i unemployable in the trucking industry, even that i have not drank in 15 yrs.
the 2 tickets were coming home from the bar
|
Check with AA and see if they have a driver's meeting. That is how a lot of people are networking these days.
|
08-10-2010, 01:13 AM
|
Rookie
Thread Starter
Join Date: May 2010
Posts: 6
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
i am in arziona, and the 2 dui,s stay on forever...it will be on my criminal background check, and the second dui was aggravated, driving on a suspended lisc..it was a felony, but i got it esponged.
i sort of need to go through truck driving school, but sort of usless unless i cannot get on with someone ,,or a company driving school
got 15 yrs experience, not accidents, and actually received safe driving awards from the dot.
one school i called, he just said i got to take the first step, get the cdl and then worry about the job..i don,t like that approach, they just want the money.
|
08-10-2010, 04:57 AM
|
Rookie
Thread Starter
Join Date: May 2010
Posts: 6
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
i email cr egland and told them my story,,,they did send me an applications.....one of the requirement, no dui,s in the last 7yrs...so there is hope
|
08-10-2010, 10:44 AM
|
Administrator
Site Admin
Board Icon
Join Date: Feb 2005
Location: Tennessee
Posts: 17,097
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
I would check around with some other carriers. CR England will try to push you into one of their lease programs. You don't want to get involved in one of those if you want to earn a decent living in this business. It is wise of you to do some checking around prior to spending your money on school. Since it has been 15 years since your conviction I would think that you could get on with someone. There is a company listings on this forum with their basic requirements. It would probably be easier to find something if you had held a CDL for a few years. You might also check local truck stops. They usually have a number of magazines that list carriers and job opportunities.
|
08-11-2010, 06:18 AM
|
Rookie
Thread Starter
Join Date: May 2010
Posts: 6
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
thanks....i emailed milessa out of new mexico, they said the 2 dui,s from 94 had no bearing on getting a job there..is differs it seems like night and day from company to company......i was going to use cr england to get the cdl, ....and go from there after a yr....so many bad stories about cr england,s school
well, i got a job in the medical field today, so trucking driving will be now put on hold , unless something happens to this job...later
|
08-11-2010, 12:51 PM
|
Rookie
Join Date: Aug 2010
Posts: 11
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
|
Good luck with your future endeavors Ronss, If trucking is still your goal, I hope you will achieve it.
_______________________
Truck Accident
|
|
|
|
|