Please help! Complicated DUI case.

I have some real, honest information about DUI's, DWI'S, Past Driving Records and Laws from the State of Washington, etc, that I received during the last 3 days, from the Department of Licensing, State Patrol, County, Federal and Courts about background checks for anyone that needs the facts and not assumptions or opinions. What I am about to tell you are from the sources that govern these rules, laws and put them into affect. It took me over three days of constant research, almost around the clock each day by emailing many people to get in contact with the right people to get the correct answers about the issues many of us have dealt with in our past that can hold us back or stop us from getting hired on with the major and smaller trucking companies. I'll list them for anyone in question about these issues they may have in their past. I was sent these facts by the ones in charge and not the common workers for each division I stated above. I really wanted to know the facts and not what somebody thinks they are.

1. Can any trucking company legally find in my background check a pre-employment failed drug alcohol test? The Answer is NO! It is against the United States Federal and State privacy laws that any drug testing agency releases this type of information. They drug testing agency can be legally sued for invasion of the privacy laws set by legislature. What I just stated above is different if you failed a drug alcohol test while you were employed and driving for a trucking company. That information would be documented through the DOL and can be legally released to any trucking company you try to get employed with.

Makes sense to me. That meant you was stupid enough to get and drive a big rig that can easily kill many people while doing drugs the night before or maybe while driving that truck while high on dope traveling down the road. That is not a very smart thing to do and you don't belong in this type of profession at all since because you was jeopardizing other peoples life's on the road over your drug and alcohol habits. Once again, any pre employment alcohol drug testing and failing these tests that has nothing to do with any trucking company is not on record for a background check anywhere but the agency you took the drug and alcohol test at. This was confirmed by 3 Lawyers I spoke to.

2. Can any trucking company find in my background check misdemeanors and traffic violations, etc, guilty or not through the courthouse? Recent ones Yes; but after 7 years they all drop off like they are not there; but they are there, like a DUI if you got one today, will not be on record in the courthouse to share with anyone after 7 years accept a lawyer can get this information to use against you to win a case if you got another DUI no matter how long ago you got your last DUI or any other conviction. The old convictions will still be there; but not for public access. Not even the court clerk can access this information. It would show up as a clean record. Felonies are different. They will always show up. Some felonies may fall off the record for public access; but it depends on what they felony was. This information was giving to me by the County and State courthouses including the State Patrol. They all three said the same thing.

3. If I have over two DUI'S is a lifetime, can the trucking companies find this information? The answer is Yes and No. The answer is NO if you got any DWI'S or DUI'S before 1994. The laws changed after 1993. Any DUI'S you have starting from 1994 from now on will always be on your driving record at the (DOT) Department of Licensing in most states as said to me by the Supervisor of Revocation and Suspensions Department. The DUI violation(s) will always be on your driving record for Life or (99) Years as stated by the Department of Licensing. You'll be too old if you make it past 99 years to become a truck driver unless you are some sort of Superman. I was told that in some states that it isn't on your record for life; but I don't know what states those are and some states you can have your past DWI'S and DUI'S expunged by hiring a lawyer to get them taken off the public record. In the State of Washington, you can't get them expunged, meaning removed.

This new law set forth in 1994 that makes a DUI stay on record with the DOL for a lifetime (99) years is in most states. You'll have to ask the Department of Licensing to check your driving record back at that time you got your first offense. I found the accurate information from the Revocation and Suspension department through the Department of Licensing. You won't get accurate information through the other DOL divisions. I spent days sending emails out to all the contacts for the DOL and the only one that had the actual proof of records that was told to me was the Supervisor of the Revocation and Suspension of licenses in that division of the DOL. This is who you need to get in contact with in your state to have them check your complete past driving record.

I hope this has been helpful to any of you that had a bad past; but have changed your ways as you got older. Don't drink and drive and don't do drugs and your life will be less complicated when it come to life in general. Please do research on yourself just as I have done to obtain all my past background checks and DOT records so you don't walk blindly into a trucking company going to school to be trained and kicked out later because you was too lazy to check out your own past to see what is on record that would be unacceptable to these trucking companies. If you're too lazy and take a chance, than you deserve the outcome of being kicked out of the street and a debt to pay back to them for the time and training they were giving you until they finally found out all of your records.

Don't count on or trust a recruiter to find all this information on yourself. That is your job to do before going for training. It takes a lot of time to gather it all up and the recruiters job is to get you there to start training you. They recruiters don't go into your records in depth. They will ask you some simple questions first before they send you a bus ticket to their faculties. So you better know your own record and what is acceptable or not by their company rules and policies. Answer all the questions accurately and correctly or it will bite you in the butt later. That is not the job of a recruiter to go into all the background checks in depth. That is taken care of by another division in them trucking companies. It is your job to protect yourself just as well as it is the companies job to protect themselves also.

 

Absolutely not. An administrative suspension is a sanction by a state against either your driving privileges or your license (Issuing state). It is usually automatic and not subject to criminal proceedings and require no proof of guilt. It is not a conviction and does not involve a criminal punishment. This prevailing view now is that if it were a criminal proceeding with a "conviction" as you put it, then it would amount to multiple punishments for the same offense. The reason for administrative suspensions is to quickly remove an individuals driving privileges administratively and then subject him to the more lengthy criminal system.

Only an issuing state can suspend a license, but another state can suspend one's driving privileges (Commonly referred to as a license suspension anyhow) within their state. They can and usually will notify the issuing state which will then take action against the license (Usually after conviction).

Best regards

 

Like I said ask the DMV. If all is good they will tell you so. Neither you or I are familiar with California law. We don't know if they don't have reciprocating laws. I do know what the FMCSA says.

You don't want to be standing behind bars saying judge this trucking forum told me.....

Besides all that why would you seek a trucking job when you know a suspension is coming?

 

I have a cousin that is a lawyer, once told me this and do not take this personally but just quoting him.

A person faces the judge with two words of advice.

One is wise to hire a lawyer

Two a idiot will ask a friend.

 

I raised no issue with what FMCSA says, rather with what you stated concerning an administrative suspension being a conviction. It isn't!

I did not suggest one should do this.

The guidance you referenced, "Guidance: The effective date of the suspension for notification purposes is the day the employee received notice of the suspension", is correct and I did not suggest anything to the contrary. What I stated was that an administrative suspension is not a conviction.

To clear things up a little. A drivers responsibility to notify his issuing state and his employer is based on the suspension (For any reason), not on a conviction. Whether one is familiar with CA law or not, no state can suspend a license issued in another state (Can you imagine the ensuing chaos if they could), they can only suspend driving privileges on out of state issued licenses. Both states mentioned by the OP are "compact" states (DLC), therefore once the issuing state is notified they are required to treat the offense as if it occurred there as long as they have a comparable law, which in this case they do.

Best regards

 

FYI it is not a wise idea to admit to drinking and driving on a public forum while still fighting it.

2

 

Yep

And with it being a public forum anyone can read it.

 

THESE TRUCK DRIVERS DONT KNOW WHAT THERE ALWAYS TALKING ABOUTYOU REALLY NEED TO GET A (DUI LAWYER) AND TALK TO THEM.IT WILL COST U BUT IN A LONG RUN U WILL KEEP YOUR CDL.!! THEY WILL PUT U ON A PAYMENT PROGRAM. SO DONT WORRY ABOUT THAT.AND PLEASE DONT ASK TRUCKERS FOR ANY IMPORTANT LEGAL ADVICE LIKE THIS.WRONG ADVICE CAN CHANGE YOUR LIFE.

 

It's always something like: "I did a terrible thing" or "I made a mistake".
Yet DUI is a conscious choice one makes and I guess this time - you got caught.

My idiot friends back in the day would see who was less drunk than all the rest and then HE would be
set as the designated driver. Fortunately they never hurt anyone.

Best bet:
Don't ask any legal advice from this forum....consult with an attorney. Get your wallet out and pray
for leniency...and luck