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Old 11.22.2007
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DUI!

You folks can't know how much I hate to have this as a first post. Well, maybe some of you do know. In that case, my sympathies.

My S.O. recently got his CDL. We used our savings to get him through the driving school and he did very well. It was going to mean a lot for us. You know where this is going.

We know the rules, we know you have to wait after drinking to process the alchohol, and he did that. A few beers at the bar, wait 2 hours, THEN go home (personal vehicle). Well he got pulled over, he did the sobriety test, he blew hot. Jail, bail, and now we keep hearing that NO reputable company will hire him even if this is reduced to a reckless driving, that even if it was completely acquitted, he would still never get a good job driving trucks because it says on his record that he was arrested on suspicion of DUI.

Is this true? Is he done before he ever gets started? If he will never earn decent wages with, say, a reckless driving on his record, then we would do best to put the rest of our savings to training him for another career. If, however, there are companies who will take a driver with a reckless driving on his record, then we will get the very best lawyer we can afford with those savings.

We live in GA. His record is (minus one speeding ticket) perfect. There is absolutely no reason or benefit in moralizing to either of us; believe me, we both feel every bit of what he did wrong here. If you can offer a better idea of where we stand right now, though, we sure would appreciate it.

BTW we've both been reading this forum; a lot of you folks seem to really have your stuff together and have earned some wisdom from your time on the road. That's why I'm asking.
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Old 11.22.2007
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Well, I'm no lawyer, but I did saty at a Holiday Inn last night.....Okay so I slept in my truck, but still....
Sorry to say, but IMO he's toast. With either a DUI or reckless, I don't see ANY company putting him to work. Especially being a rookie. You can look around and explore options, but I don't see how he's gonna get around this. Maybe with an owner operator or small fleet, but even that's gonna be tough because of the lack of experience.
Best of luck to ya, and keep us posted.
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Old 11.22.2007
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Unfortunately, this is one of the most serious things that a driver can have on his record, and the fact that it is so recent just worsens the problem. Companies and their hiring policies are driven in a large part by what the insurance company will insure, and they take any form of DUI extemely serious.

Your best option would be to talk with a reputable local lawyer and see what can be done. A lot of times legal issues can be solved by the "good ol boy" network, and a good lawyer may be able to talk to the local prosecutor and get the charges reduced down to something less career threatening. It's not guaranteed, and may not work, but at this point it is worth a shot.

For future reference, your other half needs to understand that a CDL holds you to a higher standard of conduct, because a driving offense can result in losing your job and career. No one at a washing machine assembly plant cares about your driving record, but in trucking it is your everything.

Hope it turns out okay, and he learns the appropriate lesson from this, but at this point it's probably no better than a 50/50 chance of success.
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Old 11.22.2007
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Thanks for your insight, I really appreciate it. Looks like it's a matter of damage control now, for both career and marriage.

Vocational Tech School, here we come....(sigh)...
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Old 11.22.2007
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Quote:
Originally Posted by Dune View Post

We know the rules, we know you have to wait after drinking to process the alchohol, and he did that. A few beers at the bar, wait 2 hours, THEN go home (personal vehicle). Well he got pulled over, he did the sobriety test, he blew hot.

That was the problem, it takes about an hour to process ONE OUNCE of grain alcohol, or a 12oz beer.
So if he drank "a few" and only waited 2 hrs (which I find hard to believe, who sets for two hours in a bar, not drinking?), he didn't wait near long enough.
As to your question: as others have said, your S.O.'s career is pretty much FUBAR for several years.
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Old 11.22.2007
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The major trucking companies will not employ you if a DUI is within the last 3 to 10 years, depending on the company.
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Old 11.23.2007
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Be prepared to be shocked, y'all....

I was charged with a DUI just over two years ago. I have had a CDL and been a trucker for over four years. I never lost a beat after getting my DUI. There's two things that saved my butt. Number one is that the offense occurred in a state that I have neither resided in nor worked out of. Number two, I got a good lawyer.

Here's the story: I was at a friend's wedding out of state and like a dumb arse attempted to drive to the hotel after the reception (and way too much alcohol). Since I had never been charged with any crime like this ever in my life, the state did not present any evidence in the case. I plead no contest and was given a suspended sentence (key phrase as this is NOT a conviction). Now, in the state the incident occurred, I was told, I would not be allowed to drive any vehicle for 90 days and a commercial vehicle for 1 year. The beauty of it being a state I neither resided nor worked
in is that it did not show up on a background check then, nor will it today and I have never had a problem getting a job as a result of this DUI and I have worked for some big name companies (including Anheuser Busch and KLLM) since this DUI and neither of them found out about it in any background check or by any other means.

As I met all requisites of the suspended sentence, the incident has now been abolished from my record. However, I suspect that if I were to ever be stupid enough to put myself in that same scenario and subsequently be charged with another DUI, the elusive first one would reappear.

I've told this story just to help you, Dune, and anyone else who might find themselves in a similar situation. While it's not an easy row to hoe, it's not insurmountable either. I realize this information might be all for not in your particular case, but who knows.

Side note: I have NEVER driven after even one beer since this incident, nor do I EVER condone anyone to drink and drive. It's just stupid and it's only a matter of time before ANYONE who tries it gets popped.
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Old 11.23.2007
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Has anyone been ACQUITTED of a DUI, or had a sentence reduced to reckless driving, and been able to be hired?
We know he's done if he pleads guilty. But what if he doesn't, and we go to trial and it gets reduced to reckless driving? What then?

Thanks everyone for your insight. Scarecrow....dude you got lucky and I'm glad your lesson didn't cost you your career. I think it did for us, but I want to be more sure before we spend a big pile on a trial lawyer.
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Old 11.24.2007
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Quote:
Originally Posted by Dune View Post
Has anyone been ACQUITTED of a DUI, or had a sentence reduced to reckless driving, and been able to be hired?
We know he's done if he pleads guilty. But what if he doesn't, and we go to trial and it gets reduced to reckless driving? What then?

Thanks everyone for your insight. Scarecrow....dude you got lucky and I'm glad your lesson didn't cost you your career. I think it did for us, but I want to be more sure before we spend a big pile on a trial lawyer.

I have been arrested and jailed several times in washington state, where I live, for everything from contempt of court (three times) defective equipment, and dui. Dui being I crashed into my own front yard at 1 am on new years eve in FRONT of the arresting officer.


I won all of these cases so there is NO record. None.

A drivers abstract going back to 1990 when I got my first drivers license shows abslolutly nothing, not even a parking ticket.

And likewise my criminal background check is clean, nothing. Because I won every time (in court) so there is NO record, at least here in Wa.

Let it be known also that that stupid dui (stupid on my part) was the last (yes there had been other times I had not been caught, shudder)

I have NEVER NEVER NEVER driven even after one sip of beer EVER since Jan 1 2001 at 1:00 am.


EVER!

Thank God I never hurt anybody and that I did learn my lesson.
Hope this helps.

CR
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Old 11.24.2007
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Bell

Burky gave you execellent info.

Get a lawyer, fight it tooth and nail.

You weigh this against the cost of going back to school to learn another trade. You come out about even.

While I agree with a lot of the posters here. One point I disagree on, The carry over for a CDL holder, into his personal car is insane.

Joe Blow across the street can drink 3 or 4 beers, and drive home. As a CDL holder, 2 beers cost you your entire future when in your personal vehicle.

The standards are strict for a reason. That doesn't mean it's right to prosecute with impunity.

Polititions have been charged with "sex offenses with minors". They are allowed to quit their jobs with no jail time. Compare that to Joe Blow across the street...who will do serious jail time, then have to register as a sex offender.

Fight every ticket...period.
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