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Can any state pull your CDL for dui from 15yr before you got your CDL? They just did!!!!

Discussion in 'Experienced Truckers' Advice' started by carptransport, Jul 23, 2020.

can you get a cdl with 2 prior duis, over 10 years old..

  1. yes

    17 vote(s)
    56.7%

  2. no

    13 vote(s)
    43.3%
Page 1 of 15
  1. Jul 23, 2020 #1
    carptransport

    carptransport Light Load Member

    63
    64
    Dec 11, 2018
    Port Saint Lucie, FL
    0
    ok guys, ive got a serious problem and would welcome any advice!

    Heres the short,
    Florida gave me my CDL in 2019,
    now 2020 Massachusetts is voiding(withdrawal) my CDL issued in FL for 2 DUI from 2006 and 2009 in FL! WTF

    In 2018 i looked into get my CDL, knowing i have a 10 and 15 year old DUI i diligently researched to see if i would be prohibited or disqualified from getting a CDL, And from all of my research and questions to DOT,FMSCA, local DMV i was told they would not be an issue if
    *not felonies or
    * within 5 years of application.

    In Jan 2019 i went to school and got my CDL no issues, bought a truck and have been running hard since, no issues in any state, no tix, no failed inspections.
    today, July 2020 i went to get my new medical card, i brought it to the FL DMV to update my file and received some crappy news. i was told that Massachusetts has a withdrawal on my FL CDL for 2 major offenses, of course the FL DMV had no idea what they were,

    6 hours on the phone with the Mass DMV and they are telling me i should never have been able to get my CDL because i have a DUI in 2006 and 2009,
    ------ten years before i applied for my CDL,
    ------on my regular class e drivers licence,
    ------no commercial vehicles involved.....

    In essence Mass DMV is saying that no one is allowed to have a CDL if they have 2 prior DUI. i believe this is false, but my CDL is now revoked nationwide... and I'm out of business,

    Anyone's words of wisdom here would be greatly appreciated!!
    Thanks.
     
    carptransport, Jul 23, 2020
    carptransport, Jul 23, 2020
    #1
    Matt1924 and jraulpilot1998 Thank this.
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  3. Jul 23, 2020 #2
    ZVar

    ZVar Road Train Member

    10,911
    23,805
    Sep 10, 2010
    Flint, MI
    0
    Mass is correct. FL should never have given you a CDL.
    From Electronic Code of Federal Regulations (eCFR)


    §383.51 Disqualification of drivers.
    Table 1 to §383.51
    If a driver operates a motor vehicle and is convicted of:
    (1) Being under the influence of alcohol as prescribed by State law * * *
    For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for Life
     
    ZVar, Jul 23, 2020
    ZVar, Jul 23, 2020
    #2
    Concorde, Matt1924, LtlAnonymous and 1 other person Thank this.
  4. Jul 23, 2020 #3
    carptransport

    carptransport Light Load Member

    63
    64
    Dec 11, 2018
    Port Saint Lucie, FL
    0

    yes but read the last sentence ""a CLP or CDL holder must be disqualified from operating a CMV for Life[/QUOTE]

    if i had gotten a dui in a cmv or personal car while i possesed a CDL then i would be banned... the below caption is from the mass manual itself...

    Issues resulting in disqualification apply only to CDL or CLP holders, or those required to have a CLP or CDL in the vehicle they are operating. Tickets, DUI or DWI, and other legal issues that happened before a driver was issued a CDL or CLP, or to non-CDL or CLP holders, who were not required to have one, will affect drivers only as far as company policy, with the exception of getting the Hazmat endorsement.
     
    carptransport, Jul 23, 2020
    carptransport, Jul 23, 2020
    #3
    Accidental Trucker and ZVar Thank this.
  5. Jul 23, 2020 #4
    ZVar

    ZVar Road Train Member

    10,911
    23,805
    Sep 10, 2010
    Flint, MI
    0
    I could be wrong.... There is this tidbit in the guidance though which may apply to Mass, although I dunno if it does.
    Regulations Section

    Question 12: Is a driver disqualified under §383.51 if convicted of driving under the influence of alcohol while operating a personal vehicle?

    Guidance: The convictions triggering mandatory disqualification under §383.51 all pertain to offenses that occur while the person is driving a Commercial Motor Vehicle (CMV). However, a driver could be disqualified under §383.51(b)(2)(i) if the State has stricter standards which apply to offenses committed in a personal vehicle. (The same principle applies to all other disqualifying offenses listed in §383.51.)
     
    ZVar, Jul 23, 2020
    ZVar, Jul 23, 2020
    #4
    WesternPlains and Accidental Trucker Thank this.
  7. Jul 23, 2020 #5
    jraulpilot1998

    jraulpilot1998 Medium Load Member

    354
    491
    Aug 20, 2014
    All over U.S.A
    0
    NOTE....
    I would "Lawyer Up", Get interview with a FL Lawyer specialized on CDL cases. See what he says.
     
    jraulpilot1998, Jul 23, 2020
    jraulpilot1998, Jul 23, 2020
    #5
    bentstrider83, AfterShock, Matt1924 and 8 others Thank this.
  8. Jul 23, 2020 #6
    Brandt

    Brandt Road Train Member

    4,071
    5,360
    Sep 17, 2012
    0
    Google RoadLaw.net they do this kinda stuff. They are the CDL attorneys OOIDA recommend. They say free consultation. It's worth a call anyway I would think
     
    Brandt, Jul 23, 2020
    Brandt, Jul 23, 2020
    #6
    AfterShock, Matt1924, baha and 3 others Thank this.
  9. Jul 23, 2020 #7
    carptransport

    carptransport Light Load Member

    63
    64
    Dec 11, 2018
    Port Saint Lucie, FL
    0
    thank you i called ooida and they were stumped but i will check into roadlaw asap, hoping to get some better answers from fl dmv in the morning
     
    carptransport, Jul 23, 2020
    carptransport, Jul 23, 2020
    #7
    Matt1924 Thanks this.
  10. Jul 23, 2020 #8
    carptransport

    carptransport Light Load Member

    63
    64
    Dec 11, 2018
    Port Saint Lucie, FL
    0

    thanks but again that question is posed or assumes "driver" to be posed to a cdl driver driving in his personal vechile....AFTER he obtained a CDL... and whats bugging me most, why is mass even involved? this is a FL CDL and FL DUI, how did mass get involed?
     
    carptransport, Jul 23, 2020
    carptransport, Jul 23, 2020
    #8
    Accidental Trucker and Matt1924 Thank this.
  11. Jul 23, 2020 #9
    ZVar

    ZVar Road Train Member

    10,911
    23,805
    Sep 10, 2010
    Flint, MI
    0
    Aha, I assumed the DUI's were in Mass. If they both were in FL too, then Mass involvement is just super bizarre
     
    ZVar, Jul 23, 2020
    ZVar, Jul 23, 2020
    #9
    Accidental Trucker, nredfor88, Sirscrapntruckalot and 3 others Thank this.
  12. Jul 23, 2020 #10
    Chinatown

    Chinatown Road Train Member

    68,439
    143,490
    Aug 28, 2011
    Henderson, NV & Orient
    0
    Right!
    There's drivers on here with 2 or 3 DUI's years ago and have had no problem.
    Mass. seems to be over reaching and meddling where they shouldn't be.
     
    Chinatown, Jul 23, 2020
    Chinatown, Jul 23, 2020
    #10
    AfterShock, Matt1924, nredfor88 and 5 others Thank this.
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