Dui and off duty

Discussion in 'Trucking Industry Regulations' started by daro, Jan 22, 2011.

  1. 440360

    440360 Bobtail Member

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    Dec 31, 2011
    jordan mn
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    just remember bad things happen to good people too
     
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  3. prime rib

    prime rib Light Load Member

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    Aug 28, 2010
    Blakeslee, PA
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    Are you serious??
    Everyone knows if you get a DUI (on or off duty)
    yer truckin days are over for at least 10 years.
    Nobody reputable outfit will touch you in that timeframe
    (tho a scumbag outfit just might take you in).
    Did you refuse a BAC test when you were pulled over??
    That would get you an automatic one year suspension.
    I know someone who was on the same boat as you.
    He didn't report his DUI to his employer and DMV
    didn't put it on his record right away.
    So, he kept on truckin for another two months before his
    safety dept. ran a periodic check on every drivers MVR.
    They found him 1000 miles from home with a suspended
    liscence and kicked him out of the truck on the spot.
    Oh weell, I reckon thaz truck drivin there bud.
    Maybe McDonalds is hiring...
     
  4. ECU51

    ECU51 Heavy Load Member

    Great posts one and all ,but your missing the point,once "class A" licenses
    were under the umbrella of the CDL,it made no distinction if your status was on or off duty,all infractions were held to the CDL that you carry,simple as that
     
    mr dog Thanks this.
  5. Hardlyevr

    Hardlyevr Road Train Member

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    Jul 30, 2009
    Mapleton Depot,PA
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    Exactly, your log book may say you are off duty, but as long as you have and want to keep a CDL, you are responsible for your actions and decisions.
     
  6. snowwy

    snowwy Road Train Member

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    Jul 6, 2009
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    most companies only go back 5 years. some even go 3 years, depends on insurance.

    if you're going to get a dui. do it when you're younger and have absolutely nothing to lose.
     
  7. CondoCruiser

    CondoCruiser The Legend

    19,726
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    Apr 18, 2010
    Tennessee
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    That is one topic that brings alot of confusion to drivers.

    A CDL driver must pay the price as far as employment and MVR goes regardless of where the DUI was received.

    But there is seperation of state and federal laws whether the driver was on duty or off duty and considered drunk. For example, .08 state laws applies to POV off duty and no drinking 4 hours prior and .04 while in a CMV. In other words, you have a CDL and on your off day you get pulled over in your POV and blow a .04, you are not getting a DUI.

    Most states will say "Commercial Vehicle Driver with a BAC of .04 or higher". But you get to digging and you will find more.

    Here's a few states,

    New York

    Nevada

    I haven't checked them all, but everyone I have checked is the same.


    My personal view, if you must consider these regulations, you don't need to be a truck driver if you play with fire in regards to your career.


    A DUI hardly falls under a misfortune. A person has choices and controls their own destiny. With todays laws, you crawl behind the wheel, you are a problem drinker and not such a good person.
     
  8. GasHauler

    GasHauler Master FMCSA Interpreter

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    Oct 23, 2005
    Vegas/Jersey
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    Man O Man. I've been trying to get that across for some time now. Thanks. However, I have seen on-line where some states have changed their law for BAC for any vehicle. That state will clearly say while operating any vehicle a CDL holder will be held to .04 BAC.
    But like you say most will say while operating a CMV and that's where most people miss the point. It's better to hire a driver.
     
  9. snowwy

    snowwy Road Train Member

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    Jul 6, 2009
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    yeah, usually it's .04 if your license says cdl.

    i got a dui drugs charge in 04. it was drugs cuz i only had one beer and blew .008

    needless to say. it was dismissed before my court date.
     
  10. marmonman

    marmonman Road Train Member

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    Dec 14, 2009
    central illinois
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    The best way to do it is to act like you have no off time with your CDL !! If your license is your life then you don't risk your life for a drink and then drive anything !!!

    Just the way I treat it you can and will do it your own way.
     
    Hardlyevr Thanks this.
  11. rustyduck

    rustyduck Bobtail Member

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    Feb 16, 2012
    hallsboro, nc
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    I just did a company random alcohol test. Everyone does under stand that mouth wash or cold medicine will trigger a positive test, along with a DUI on a road side test. the test doesn't care where the alcohol came from.
     
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