Oops!! OVI!

Discussion in 'Trucking Industry Regulations' started by RRTrucker, Sep 28, 2010.

  1. RRTrucker

    RRTrucker Bobtail Member

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    Sep 28, 2010
    Cleveland, Ohio
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    Wondering if anyone can help me? I got an ovi in Ohio in my personal vehicle. I have a really good lawyer who is probably going to get me out of it. Is it possible for me to have driving privileges for my cmv while I'm waiting for my court case to be handled? I did submit to the breath test so there is no automatic suspension or revocation.
     
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  3. Injun

    Injun Road Train Member

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    Looking at context, I'm going to conclude an ovi is the same as a DUI or DWI.

    Which would prompt me to ask the following:

    Are you kidding me???
     
    truckerdave1970 Thanks this.
  4. dieselbear

    dieselbear Road Train Member

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    Just wondering what did you blow? And why are you so confident that your lawyer will get you out of it? You should have made sure you didn't end up in this position to begin with. That is what people who depend on their license do. Not critizing you, but what were you thinking?
     
    MassHole, Injun, old-six-pack and 4 others Thank this.
  5. shiftin'shell

    shiftin'shell Light Load Member

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    Jan 12, 2010
    Dayton Virginia
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    I'm NOT a interstate driver. But I would as the old saying goes... Bend over kiss ### goodbye. Insert CDL at ###. My class A CDL is TO VALUEABLE to waste on drugs or drink.
     
  6. sazook

    sazook Road Train Member

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    Springfield, MO
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    I can help you. Give me your license, and watch me shred it. If you're irresponsible enough to drive intoxicated, then you aren't responsible enough to drive a truck.
     
    wulfsbergvw Thanks this.
  7. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Rancho Mirage, Ca.
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    :tongueSTARS555: If you do in fact have your CDL in your wallet, then you can drive legally. If the COP took it, then you can't.
     
  8. Rusty50484

    Rusty50484 Light Load Member

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    http://www.totaldui.com/overview/offenses/commercial-dui.aspx



    Most states have adopted Federal Motor Carrier Safety Administration (FMCSA) rules for disqualification of a commercial driver's license (CDL). The FMCSA rules for driving under the influence of drugs and alcohol (DUI) apply to drivers with a Commercial Driver's License (CDL) while driving a commercial motor vehicle (CMV).


    Drug and alcohol testing is performed, depending on the circumstance, by the police officers or a commercial driver's employer. Random testing is required by the FMCSA to be carried out by drivers' employers. The state or local police may test a driver on suspicion of driving under the influence or following an accident.


    The FMSCA rules for commercial drivers define commercial DUI as driving a commercial motor vehicle with a blood alcohol concentration (BAC) of .04 or greater. A commercial driver may be randomly tested for drug or alcohol use before, during, or after driving a commercial vehicle.


    A commercial driver's license may also be suspended upon conviction for violating a state's drug or alcohol DUI laws while driving a non-commercial vehicle.


    The FMSCA applies state laws for controlled substances in a driver's blood or urine.



    Some states have zero tolerance policies for these drugs. In addition, the Federal Motor Carrier Safety Regulations require random drug tests for commercial drivers to test for marijuana, cocaine, amphetamines, opiates, and phencyclidine. The length of time during which you could test positive in a random drug test varies depending on the drug. The drug or its metabolite may remain in your system for a significant period of time after use-sometimes several weeks.
    Commercial Drivers Face Longer License Suspensions



    Under FMSCA rules, a conviction for DUI or refusal to submit to a test can result in a variety of penalties including a one year disqualification of your commercial driver's license for the first offense. A second offense may mean a lifetime ban. The first offense disqualification could include a three year prohibition from driving HAZMAT vehicles.


    Suspension or revocation of your commercial driver's license is above and beyond DUI penalties imposed by the court and a suspension or revocation of your regular driver's license. In addition to court and motor vehicle department imposed penalties, a conviction for drug and alcohol use could jeopardize your job and your future employment prospects.


    Although not yet adopted by all states, the FMSCA rules require states to maintain driving records for CDL drivers including all convictions, disqualifications and other licensing actions for violations of any state or local driving law (other than a parking violation) committed in any type of vehicle.


    The FMSCA rules allow a State to reinstate any driver disqualified for life, after 10 years, if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the state. However, FMSCA rules forbid a driver that has already been reinstated after a lifetime disqualification to be reinstated again.


    If you're a commercial driver who has been charged with DUI, get in contact with a local DUI attorney as soon as possible for more assistance and guidance. Simply fill out the free case evluation form on this page, or call 877-349-1311, and we'll help you get in touch with one our sponsoring DUI attorneys in your area.

    The above summary of commercial driver DUI penalties is by no means all-inclusive and is not intended to serve as legal advice. Laws may have changed since our last update. For the latest information on these DUI laws, speak to a local DUI lawyer in the state.
     
  9. old-six-pack

    old-six-pack Heavy Load Member

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    vernon hill, va
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    yall,,,,,,,LET ME!!!!!! DUMB DONKEY!!!!!!!!!!!!!!!:biggrin_2559::biggrin_2559::biggrin_2559:
     
  10. RRTrucker

    RRTrucker Bobtail Member

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    Sep 28, 2010
    Cleveland, Ohio
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    To all of you that are talking #####, sorry, my bad. I made a mistake. I know how perfect all of you are. I hadn't drank in over a year. It was a mistake, but I don't want it to cost me my career. Do you @ssholes think that's fair? One mistake costing someone their whole career?! If you can answer my question go ahead and respond. If all you can do is hate then don't.
     
  11. Hardlyevr

    Hardlyevr Road Train Member

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    Mapleton Depot,PA
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    well like an earlier poster said, if you still have your license, you are innocent until proven guilty. But then it may be curtains for your driving career.

    As for your comment that you made "one mistake", would you be saying with the same attitude if it was a fatality crash instead of a ticket?
     
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