Is it a crime to lie about a prior positive drugs test?

Discussion in 'Questions From New Drivers' started by zoekatya, Dec 18, 2015.

  1. zoekatya

    zoekatya Medium Load Member

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    Is it a crime to lie about a prior positive drug test on a trucking application? Most of them ask if you've ever failed one for a trucking company. Am I braking the law by lying?

    Don't need any lectures, I'm clean now.
     
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  3. Swedish Chef

    Swedish Chef Heavy Load Member

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    It's not a crime per se, but if you did fail a drug test at one point, and fail to disclose this to a new potential employer, they WILL find out and you will suffer the consequences.

    Always be 100% honest on job apps.
     
  4. w.h.o

    w.h.o Road Train Member

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    Background check, driving record check, drug test, call past employers, etc etc they do all that before hiring u
     
  5. Moose1958

    Moose1958 Road Train Member

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    There is a very good chance this positive is listed in the drug testing section of your DAC. If you tested positive and did not go through the return to duty process you are disqualified to drive a CMV. This disqualification is for life or until you finish the return to duty process. Get a copy of your DAC file and look. The problem is you might get by this time by telling a lie, but every year your employer is required to look at your driving record. At some point their going to pull that DAC file, if they do your history.
     
    Last edited: Dec 18, 2015
  6. demi

    demi Medium Load Member

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    not a crime, but certainly won't be fun waiting for them to question you after the fact, maybe even after hire. You can pretend it never happened, maybe you will get lucky, maybe not.
     
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  7. Moose1958

    Moose1958 Road Train Member

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    While I doubt the FBI will surround your house too arrest you, it is a violation of FMCSA rule 383.35 to lie on a job application.
     
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  8. demi

    demi Medium Load Member

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    re-evaluate the integrity issue here, wait the time required, while waiting, practice a little introspection. Certainly not going to get much empathy here, be prepared to get blasted. Certainly there will be a bleeding heart or two, but those may have there issues.
     
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  9. DC843

    DC843 Medium Load Member

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    Death penalty if you get a good lawyer you might can get it down to life without parole
     
  10. DC843

    DC843 Medium Load Member

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    Seriously though, if it was a dot drug test then yes, if not, and your states labor laws prohibit disclosing reasons for firing, don't say anything about it.

    Failing a drug test at my ####ty minimum wage job is the catalyst that got me into trucking in the first place. Just weed and I refrain now don't attack me.
     
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