Husband got a DUI

I see the problem... it's your reading comprehension. I said no such thing.

 

As we all know, A CDL holder cannot ever take any illegal drugs whatsoever, regardless of whether or not the CDL holder is on company time or personal vacation time.
It would not be a bad idea if the CDL holder could never ingest a drop of alcohol whatsoever, regardless of whether or not the CDL holder is on company time or personal vacation time.

God bless every American and their families! God bless the U.S.A.!

 

If his job is willing to work with it, you need to have him fight this speeding charge to the max. Delay, delay, delay. Continuances. Motions for discovery. Extensions. If the speeding is filed as a traffic infraction, you can get that dismissed if the officer fails to respond to a trial by written declaration. HE NEEDS TO HIRE A GOOD ATTORNEY TO NEGOTIATE A PLEA BARGAIN on that speeding charge . Try to get it negotiated down to 10 mph over the speed limit.

 

Really? Let's see:

Your post #47: " No. The following only applies when performing a safety-sensitive function (i.e., driving a CMV), it does not apply when a CDL holder is not operating a CMV (i.e., driving their personal vehicle)."

Your post #59: " It does not specify any penalties or regulations for violations in non-CMVs."
Your post #59: " All the columns listing the prescribed penalty end with "...disqualified from operating a CMV for..." There are no prescribed penalties that affect a non-CMV."

Your post #67: " No, I am not wrong. As is clearly stated in the table and in my post, the prescribed penalties affect CMV use ONLY. They do not affect non-CMV use."
Your post #67: " Not one of the prescribed penalties says anything about disqualification from operating a non-CMV. "

Now, let's take a closer look at your first response paragraph from post #67:
"No, I am not wrong. As is clearly stated in the table and in my post, the prescribed penalties affect CMV use ONLY. They do not affect non-CMV use. Again, as is clearly indicated in each column heading, the prescribed penalties include the statement "...must be disqualified from operating a CMV for..." Not one of the prescribed penalties says anything about disqualification from operating a non-CMV. What they do state is that any such penalties incurred in either a CMV, or non-CMV, must be counted for the prescribed penalties affecting CMV use. Get caught drunk driving in a CMV? There's a prescribed penalty the FMCSA can apply barring you from driving a CMV. Get caught drunk driving in a non-CMV? There's a prescribed penalty the FMCSA can apply barring you from driving a CMV. What the FMCSA cannot do is apply a penalty barring you from driving a non-CMV... it is out of their mandate."

So, what you are saying here is that a CDL is issued by the FMCSA, and that State rules and regulations (and laws) are only held to standards of regular licenses. BTW...States issue licenses, not Feds. The States have mostly adopted the Federal standards for CDL's (under Federal threat of losing Fed $$$). In those columns (2 and 5) are penalties for CDL holders getting convictions for DUI's. Actually, it isn't the Feds that bar the issuance of a CDL, it is the State and their guidelines that mandate the rules.

 

Nope. Never even suggested it. Everything I posted is that FMCSA penalties and regulations apply to CDL-holders and the operation of CMVs only. Or are you suggesting that the FMCSA somehow has a mandate that extends beyond the operations of CMVs and the individuals engaged in the same? If so, I am sure the FMCSA would be very surprised to hear it. I am also fully aware that states issue CDLs, but that the FMCSA can restrict or rescind the use of them for interstate commerce (it's right there in the various regulations).

The prescribed penalties listed in columns 2 & 5 do nothing to restrict any such person subject to them from the possession or use of a "regular" driver's license. Those particular columns are directed at the consequences of a CDL-holder being convicted, or refusing to be tested, while operating a non-CMV. They do restrict the possession and use of a state-issued, but federally regulated, CDL... "...must be disqualified from operating a CMV for...". Nothing in those eight words says anything about a "regular" driver's license. It does say they will be restricted from driving a CMV.

 

not4hire. I stand corrected for the legal BAC in Wisconsin.

 

The only caveat to what I posted is that I didn't lift it directly from the WI statues. Given that the information was taken from the website of lawyers who defend DUIs (or OWIs as WI seems to call them), it can be deemed as pretty reliable. However, if I was truly concerned (or interested), I would track down the actual WI statutes.

There is a persistent myth regarding such offences in the "CDL world" with respect to BAC and the effects of a DUI conviction originating in a CMV vs non-CMV. The federal (FMCSA) rules are clear... 0.04% when operating a CMV. All state rules I have seen (haven't seen all 50) have the same 0.04% for CMV, but are 0.08% for non-CMV (the type of license having no bearing). Now, someone, somewhere will say, "it should be zero-tolerance." Well, that's fine, but it appears most of their fellow citizens, by way of their legislators, do not agree. I am not commenting one way or the other. Nor am I condoning the consumption of alcohol when someone is driving... regardless of CMV vs. non-CMV (although that has been suggested before). I am simply posting the facts. Facts are important when anyone has to abide by various regulations. It is important to know and understand how those regulations might affect your ability to work.

It is important to note that most (if not all) jurisdictions have the ability to charge someone with "driving under the influence/impaired" below the stated BAC thresholds based on sobriety tests. That gets into a much more vague set of rules and a very "gray area" that is virtually impossible to address here, except on a case-by-case basis. Most of those such incidents result in short-term, primarily administrative penalties (i.e., a 24-hour license suspension). A conviction of such an offence (impaired, but lower than the threshold stated under prescribed penalties) might restrict a driver's employment prospects, it most likely won't restrict their ability to hold a CDL.

 

Gonna lose his license or 25 over so don't throw good money after bad

 

Sure am glad you dont write the laws.

 

Yeah, sorry mate but @not4hire is correct here. Sorry for dragging up an older thread too; was up to date on the new ones and just poking around. I have, unfortunately, been through this process myself many moons ago so I thought I'd clear some things up. Yes, you lose your CDL for 1 year for 1st offense no matter if the vehicle you're driving was CMV or non CMV. I think the point that not4hire was making that you seemed to miss, was that while, yes, states issue all DLs, the regs aka the FMCSA has authority ONLY over the commercial side of the licence. Since CDL's are standardized, the regulations and penalties regarding a DUI and a CDL are the same for every state. But only for a CDL. The individual states decide what happens concerning the non CDL side of your licence.

I'll give you my own example to see if it clears this up any. I had my CDL when I got my DUI. It was a weekend off work so I was in my personal, non commercial vehicle. Because of the regulations governing this sort of thing, my CDL was revoked immediately for one year. However, and this was the point not4hire was making, I didn't lose my class D licence because the FMCSA has no authority over non commercial matters. I.E., the "There are no prescribed penalties that affect a non-CMV" part of the equation. The state of Arkansas had specific requirements regarding a 1st offense that I had to follow which involved classes, a blow-to-start rig in my vehicle and a restriction on my licence that limited me to only blow and go vehicles for 6 months but that was all at the whim of the state. Different states likely have different rules concerning non commercial licences and DUIs but there are two different agencies at play here. FMSCA regulates CDLs and CDLs only, not all driving privileges.