Refused breathalyzer in 95 acquired Class A in 2009

Not here it's a administrative charge

 

Trucking companies are looking at convictions. If you get charged with a DUI but it gets tossed that's not a conviction. I've had a couple I've been charged with a beat them both.

 

I'm just speaking of a refusal

 

Those administrative things hurt , when I got my dui I lived in Iowa but got the dui in Nebraska.
Iowa had an administrative revocation law then which meant if you got convicted in another state of dui when your suspension was up in the other state iowa applied they're own penalty.
In my case which was 1st offence Nebraska yanked my license for 3 mos and when that was up iowa yanked it for another 6 mos .
That was 16 years ago and I bet it's worse now .

 

I hope you understand that I get a bit cynical when someone whom has just joined asks an alcohol and/or Drug question right off. Now lets examine what you reported. You stated a CRST recruiter pulled up an account of breathalyzer refusal of something you beat in 1995? Or did you mean you refused to test (which is a separate offense even if you are acquitted of DUI later in a lot of states) and beat a separate case? If this is the case since the (refusal) to test is something most states treat administratively it is on your record and unfortunately might be there for life. By record I mean DMV/MVR as well as DAC/HIRERIGHT. You can come in here saying anything you like but that recruiter said the magic word "disqualified" not we can't hire you for general reasons. This leads me to point out what the FMCSA says in §383.51. if you look at table 1 ANY 2nd conviction of refusing to test OR another DWI/DWI will disqualify you for life. This means a 2nd conviction in ANY type vehicle. I know someone will get an overwhelming verbosity attack and say table 1 says CVMs and this driver was not operating a CMV. To you all I can do is point out that there are 6 columns in that table and you really need to look at the 3rd and 6th ones. However I believe this CRST recruiter is misinterpreting that rule because you did not hold a CDL in 1995. Driver all we have to go on is what you report if you were holding a CDL in 1995 and refused to test then was CONVICTED according to FMCSA rules you ARE disqualified for life. If you are being fully truthful I suggest you might want to hire an attorney and get this crap expunged.

 

You can't expunge administrative suspensions such as failure to comply to a breath test.

If I stop you and smell alcohol and after sobriety tests I find probable cause to transport to our testing facility. When you get a drivers license you are implying consent to take the test.

If at that point you refuse to take it I confiscate the license which is now suspended for at least 30 days and I still charge you with the dui. The outcome of the trial had nothing to do with the implied consent and suspension. There is actually nothing there to expunge since it is not a law.

OP I do hope you get it worked out.

 

My bad. I used the word expunged when I really was trying to say hire an attorney in regard to §383.51.

 

Actually to those that don't know how to read an mvr report my dui looks like I got convicted of dui in Nebraska in August of 2000 and 3 months later got another dui in Iowa .

 

I'll say this. This is one of the stories I would not share but here it is, I was drunken and was with a crew of friends that were supposed to get on home to sleep it off. Unfortunately the driver made a stop sign error in driving being also drunk causing the law to stop us. I was in the back seat out of the DWI stop that progressed for the most part but eventually when the Law got through with the crew in addition to bonding them out and gathering up and carting them home it was a long night. I did not have any action taken on me being a passenger then. And that was a good thing becuase I happened to have had a class A which was before the 1994 CDL Laws. In those days no one cared if you carried a 6 pack in the cab against bad roads as long you kept it between the lines. I think back then I consumed quite a few of them with 40 ton and change much more than anything until 1994.

 

In TN, it used to be much better to refuse if you knew you were over the limit. You'd still loose your licence for a year but no DUI on your record. They have changed things in recent years where refusal carries much stiffer consequences and they can even take blood without consent if needed.