Is my CDL banned for life? 1st DUI 32 years ago, 2nd 13 years ago

Discussion in 'Questions From New Drivers' started by Mantrasonica, May 19, 2018.

  1. Mantrasonica

    Mantrasonica Bobtail Member

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    I'm in! My bar or yours?
     
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  3. TheyCallMeDave

    TheyCallMeDave Heavy Load Member

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    Yours, I need some new scenery.
     
  4. snowwy

    snowwy Road Train Member

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    That makes em dumb. Not an alcoholic.

    We're talking about alcohol. Not murder.

    BTW. I'm a social holic. I love my beer. At social events. So I'll have to disagree.
     
  5. Mantrasonica

    Mantrasonica Bobtail Member

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    Definitely dumb! I got the first when I was barely 21. Feeling 10 feet tall out with friends hitting bars and speeding down the highway. It never occured to me that maybe I shouldn't drive.
    The 2nd was just stupid. Arguing with the wife after the office Christmas party I rolled through a stop sign. SHE WAS THE DRUNK ONE! I was angry and refused to submit to a field sobriety test which pretty much sealed it. I really had not had much to drink. I may have passed the test if I had just submitted to it! I was booked in and immediately released, so I guess the cops felt I wasn't that bad off either. Since so many years had passed since my first offense, it did not count as a prior, so I felt it was just cheaper and easier to plead no contest and get it over with. At the time I had no aspirations to engage in a career as a commercial driver. Trust me, I know hopeless alcoholics! I can assure the driving public that I'm not one of them. I can take or leave booze. Since the liver transplant (not alcohol related), I choose to abstain for health reasons.
     
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  6. S M D

    S M D Road Train Member

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    You’ll be alright. Otherwise go to Nevada or Idaho and get a license.
    As a matter of fact we have a driver leased onto us. With 4 or 5 duis in California. He has an out of state license and he has a co driver for ( just Incase). I asked him if he had any issues and he said he’s been pulled over for a random road side in Illinois and in California at the scale they never said anything about it. So assuming they didn’t look deep into the system. Just passing the word on
     
  7. Moose1958

    Moose1958 Road Train Member

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    This comment is not factually correct. A CDL is actually 2 licenses in one. In the event you as a CDL holder ring the bell and the FMCSA rules gets your CDL suspended that is one thing. In court a Judge in a DUI/DWI sentence is going to get it all. as State law allows. People sometimes thinks these actions are the same, they are NOT. What I mean is this. Say this Warner driver whom calls Texas home gets a DUI in his POV in Texas. He is charged with DUI/DWI and the Judge only suspends the license for 6 months. Once this suspension is over this driver can again drive his POV. However according to tables in 383.51 he has to wait another 6 months to operate a CMV requiring a CDL. Proof? Go ask someone that got their CDL downgraded to class C non CDL because they did not get and keep a medical card! These two things are totally separate. Both actions are taken by the DMV, however done under different rules.
     
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  8. S M D

    S M D Road Train Member

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    Yep. A dui or wreckless is a mandatory 1 year suspension on CDL license and in California it’s like 4 months for standard class C. But, if you want to only use the class C then you have to drop your CDL and re do it all over again when the suspension is up. I had a wreckless in Cali in like 2013 and those were my options. I waited a year. Then re newed medical card and got a sr22 for 3 years or whateve r it was
     
  9. Moose1958

    Moose1958 Road Train Member

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    Yes, even though the CDL is "federal" it is issued per State law and guidelines. Once a person holding a CDL gets charged with a DUI/DWI and is convicted this conviction should be reported to the state DMV. It is THEY that will suspend based on 383.51 NOT the FMCSA. Not going to get much deeper into this because all the states handle these cases different. However regardless of how much time your license is suspended by a judge for a DUI/DWI once it hits the state DMV it will be for a minimum of 1 year and there is nothing the local court can do about that. Oh one more thing, for the record this has NOTHING whatsoever to do with CSA-PSP or whatever you want to call it unless you are driving a CMV and a DOT officer stops you and you get a long form.
     
  10. KillingTime

    KillingTime Road Train Member

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    I'm in. You put that bail money away like I told you? Lol.
     
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  11. TheyCallMeDave

    TheyCallMeDave Heavy Load Member

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    Yes sir, I've got it socked away. I informed the ole lady already and all I got in return was that good ole "really dave?" look. You know that look that'll burn a hole through ya. Makes me feel warm inside.
     
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