DUI and Hazmat Question

The last I remember, you have to go file something with DMV so your DMV doesn’t get suspended right away. It buys time until conviction IIRC

 

Administrative suspension is from the FMCSA, the state submits the charge to them, depending on the state it cn be just a few days or even weeks.
If the carrier is any size they will be set up to get alerts from the state

 

Big question, did you refuse? If so that will be automated 1 year regardless of conviction or not.

 

Click on link at top of Post #6. A CDL owner getting a DUI in a personal vehicle, non-CMV, without property damage, injury, etc is a 1 year loss of CDL, a disqualification. Once one has a CDL the blood alcohol content that qualifies for a DUI (0.04%) is half of the standard level (0.08%) for drivers of 4-wheelers.

 

I didn’t mean to be ugly with my comment I really didn’t understand why you would be worried about your hazmat endorsement. It’s going to be 3 to 5 years after your conviction date that you in reality have a chance on getting another driving job.Maybe I’m wrong though and maybe you will beat the charge then nothing is effected.

 

Look, here is the bottom line.

You have to report the charge to the carrier, not because of the FMCSA regulations, but because of the insurance company; they all require that and that should be in your employment contract.

If this isn't your first charge, even if it is expunged (should never be allowed), the insurance company may consider that as habitual, and they will refuse to insure you and could drop the carrier altogether because of the risk.

Considering that the CDL will be suspended for a year or if there is another DUI conviction on your record, it may be more than a year under the FMCSA regulations, your best course of action is get a lawyer involved, pay them (usually $7 to $10k) to get the charges reduced, and stop driving drunk.

That all said, I terminated one driver last week for the issue of not reporting the charges, it is right in their contract, and discussed with them when we went over the contract page by page. We have a zero - I mean ZERO - drug and alcohol tolerance here and not reporting tickets and violations is a no-no.

 

Just sue!

Jury Finds the Termination of an Alcohol Abusing Driver to be a Violation of the ADA - Dysart Taylor


Truthfully you should have known better. But even old dominion got into this a few years back. I say it’s on you, as a commercial driver alone, you should know better, as an adult, you should know better.

The decision you make today will affect the rest of your life. Ever hear that saying?

 

But that wasn't for a DUI

 

https://m.youtube.com/shorts/BBUuKrqmhHI
Ohh doesn’t matter in this day.
I remembered that happening. She’d drank while driving a cmv. Took them to court when they fired her. The company had before even though a contract said you’d be fired.

 

The court case you posted the driver never had a DUI. He said he was drunk/hung and couldn't come to work.