Oops!! OVI!

Your reference is a little misleading. I read most of it to address a driver that was driving a CMV, not the case here. I hope that you are not implying that a CDL driver can loose his or her license if they blow more than .04 while in their personal vehicle. I've had alot of people say their state law says they can but any link to that state ALWAYS states you must be driving a CMV to be under the .04 law. Granted anyone can be charged if they fail or act like they are drunk no matter what they blow if the officer feels that they are impared. So far I have not seen any laws that changes the requirements or limits just because you hold a CDL.

If you're driving a personal vehicle that CDL just reverts back to the type of vehicle you're driving. You can be prepared to get an ##### chewing from the judge because we are to know better. If you do have a state that clearly states the law where you can only have .04 in your non-CMV PLEASE send it to me.

The part that I found should be useful is the fact that if your license is taken away it doesn't matter if it's a CDL or not. The judge is going to suspend the license regardless.He doesn't care what it is. If the guy drove a cab he'd be out of work there too.


So sorry RRtrucker you made a real stupid mistake. Sure we're not all perfect but most of us know to protect our livelihhod, obviously you don't. You really can't expect any sympathy here where drunk drivers are a huge hazard to us. But I will help you. Look into the mirror and say "do you want fries with that BigMac"?

 

I may not be perfect, but I've NEVER endangered myself and other motorists by driving drunk. You did, you got caught. Should you lose your career for it? YES you should! I have no sympathy for you at all.

 

gas hauler, this from Connecticut, just one of the states i deal with, and i will get more for you soon:

Connecticut's Laws on Driving and Alcohol
Connecticut has strict laws that prohibit the operation
of any motor vehicle while under the influence of
alcohol. These laws are extremely important to you as
a commercial driver. Drunk driving is a crime for which
you may be arrested and taken into custody. If you are
convicted in court, you will be subject to fines and
imprisonment. You will lose your CDL for one year for
your first offense. You will lose it for life for your second
offense. It is illegal to operate a CMV if your blood
alcohol concentration (BAC) is .04% or more. If your
blood alcohol concentration is less than .04% but you
have any detectable amount, you will be put out-ofservice
for 24 hours.
Implied Consent
In addition, even if you are arrested for drunk driving
in a vehicle that is not a CMV, you are subject to a law
known as implied consent. Because you hold an
operator's license, you are deemed to have consented
to a chemical alcohol test. You will be asked by the
arresting officer to submit to a blood, breath or urine
test. You may refuse to submit to such test; but if you
do, your operator's license is subject to suspension
for not less than six (6) months. If your operator's
license is suspended your CDL will also be disqualified.
Your CDL will be disqualified for one year for failure or
refusal to submit to a chemical test for the first offense.
If you commit a second violation for drunk driving, or
failure or refusal to submit to a chemical test you will
be disqualified for life from holding a CDL. Note: There
is no work permit available to operate a CMV. These
suspensions are in addition to any sentence that may
be imposed by a court


+++++++++++++++++++++++++++++++

this from the state of RI which i have to deal with:

1.2.7 - Traffic Violations in Your Personal
Vehicle
The Motor Carrier Safety Improvement Act
(MCSIA) of 1999 requires a CDL holder to be
disqualified from operating a commercial motor
vehicle if the CDL holder has been convicted of
certain types of moving violations in their personal
vehicle.
If your license to operate your personal vehicle is
revoked, cancelled, or suspended due to serious
speeding violations you will lose your CDL for
periods ranging from 60 to 120 days.
If your license to operate your personal vehicle is
revoked, cancelled, or suspended due to alcohol
violations, you will lose your CDL for 1 year. If you
are convicted of a second alcohol conviction in
your personal vehicle you will lose your CDL for
life.
If your license to operate your personal vehicle is
revoked, cancelled, or suspended you may not
obtain a "hardship" license to operate a CMV.

+++++++++++++++++++++++++++++++++++++++++

now, i am having problems downloading MASS and NH, and VT, all states i deal with, but here is a state I DO NOT deal with, and that is YOUR state..........read what it says regarding alcohol in a CMV or personal vehicle.

You will lose your CDL for at least one year for a first offense:
- If you drive a CMV or a non-CMV under the influence of
alcohol or a controlled substance (for example, illegal
drugs);
- If you leave the scene of an accident involving a CMV you
were driving; or
- If you use a CMV to commit a felony.
If the offense occurs while you are operating a CMV that is placarded
for hazardous materials, you will lose your CDL for at least three years.
You will lose your CDL for life for a second offense. You will also lose
your CDL for life if you use a CMV to commit a felony involving
controlled substances.
You will lose your CDL:
- For at least 60 days if you have committed two serious
traffic violations within a three-year period involving a
CMV; and
- For at least 120 days for three serious traffic violations
within a three-year period.
"Serious traffic violations" are excessive speeding (15 mph or
more above the posted limit), reckless driving, improper or
erratic lane changes, following a vehicle too closely, and traffic
offenses committed in a CMV in connection with fatal traffic
accidents.
It is illegal to operate a CMV if your Blood Alcohol
Concentration (BAC) is .04% or more. It is also illegal to
operate a non-CMV if your BAC is .08% or more. You will
lose your CDL for one year for your first offense. You will lose
it for life for your second offense. If your blood alcohol
concentration is less than 0.04% but you have any detectable
amount, you will be put out-of-service for 24 hours.
Disqualification for railroad-highway grade crossing

+++++++++++++++++++

suffice it to say, each state has different rules and laws pertaining to alcohol levels and fines, convictions, etc,etc...........

 

RRTrucker. I did'nt say I was perfect. Far from it. However. What you did is the very reason we have lobby groups like MADD an MATT. If we as drivers drink an drive we SHOULD be held responsible. If that means losing our CDL then so be it. Thats' part of paying for our mistakes. Should you lose it? I have my opinion. If you learn from this mistake and NEVER do it again maybe not. The question is? Are you going to learn? By the way. I don't drive OTR but the fact still remain the same.

 

YES, on some things one mistake should cost you a career. When you take a drink and don't have a driver to take you home, you made the choice. You already knew if you got caught it was all over.

Mark

 

this from the VA CDL Manual:

You may not operate commercial motor vehicles if you are convicted of driving under the influence even if you are issued a restricted license that allows you to drive during the suspension period. This applies even if the violation occurred in your personal car.

 

That "1" mistake buy someone else cost 2 of my friends their lives. Yes I think it should cost you your career! I dont think there is ever an excuse for that. Be thankful I dont write and enforce dui/dwi laws.

 

well yes, we ALL make mistakes. but let's look at it this way. you have (or had a license in which makes you more of a "professional" person/tradesman, like a plumber or electrician. those trades took time to learn test, and become licensed. not everyone can pass the plumbers tests or electricians tests (legally) and those that do not, "practice" those trade illegally, making it harder for those that DO qualify, by fixing the mistakes of the inept.

as a licensed CDL driver, you would have had some" schooling in the industry. you would have had to read books, watch videos, sit in on discussions. then you would have had to been tested, either by your state, or a state approved testing organization. you passed because you KNEW how to drive that truck.

from there, you got a job because of your skills. you did your job on a regular basis.

now you as a CDL licensed driver, KNOWING the laws, goes and has a drink or two, or how ever many you had............then you got behind the wheel, of your personal vehicle.........

of course we can all say, "you could have killed my wife, mom, dad, kids, whatever"..........

we all know YOU DID NOT KILL anyone.............yet.................

to get drunk, even by whatever standards YOUR state says, either .04 for CDL drivers, INCLUDING your personal vehicle or not, you still showed a poor lack of judgment, which you (appreciatively) admitted.

now comes the part where your lawyer has to go to bat for you. maybe he will win for you, but at what price ultimately for you...??? when you think about it, why should your employer hold your job for you........?? you have demonstrated you have NO responsibility to yourself FIRST, then to your job. did you think your boss will accept the fact that he has freight to move, but NO driver........??

frankly, the boss has EVERY RIGHT to fire your butt as you put him, the company, and your co-workers in a tight spot. your boss probably had to pay out over time to a co-worker who probably had something IMPORTANT to do that day after work, but he had to pull YOUR WEIGHT, because you showed a lack of responsibility.

why should any employer feel sorry for you, after all, you weren't fair in what you did, yet you want to have your cake and eat it too........????

as some have said, they hope you lose your job, and right now, you gave your employer "carte blanche" to do just that..............

this "one mistake" is going to be with you for a very, very long time.

and as for the judge in your impending case.............??

all he see's is a law breaker, with a professional license..........what would you really think he's going to do with you..........????

 

Rerun, I can honestly say I would never be in this type of position but if I were and your state quoted that for law then we would have to let the judge decide. Again these's no place in your quote where it says you are liable to .04 when in your car. The law always says while you're operating a CMV and some of you people take it further to imply your own car. Sure holding a CDL will have more consequences and any LEO can arrest you for being under the influence if he or she feels you are no matter what your limit is. Please find me a law that says you are limited to .04 in any vehicle if you hold a CDL.

 

Sorry RR, but the facts are the "rules" are DIFFERENT for Truck Drivers and Class A CDL holders thats just the facts sure everyone is entitled to mistakes but not when it comes to herding a 80,000lb missile down the highway I know you probably don't wanna hear this and are looking for a ray of sunshine but you made your bed and you're gonna have to figure out how to lie in it. I have a friend that found himself in the VERY same position a little over a year ago he made a "mistake" and is paying dearly for it and whether your lawyer gets you out of it or not it will still show on your MVR as a withheld judgment or be an adjudicated verdict in which you're still gonna have to explain in future applications and once you tell them it was for ovi,dui,dwi... its gonna be hard to get past. I wish you well and good luck but this one will haunt you for a while.