Utility Lineman with CDL gets DUI . Help

Discussion in 'Experienced Truckers' Advice' started by Smity6, Feb 25, 2024.

  1. Smity6

    Smity6 Bobtail Member

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    Feb 25, 2024
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    Hello Truckers,

    I’ma lineman for a utility company in PA that holds a CDL. I received a DUI in May off 2022. I also received a DUI in 2005 two weeks after getting out of the Marine Corp. I just received my suspension let ter From Penn Dot and they said my CDL was suspended indefinitely. I did not have a CDL for my first DUI. Under the section 1611 it states as a CDL holder. I’m praying they made a mistake. Any help thoughts would be greatly appreciated . Thank you.

    Jason,
     
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  3. Goldenfan

    Goldenfan Heavy Load Member

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    Contact a lawyer would be my advice. Why would they suspend it almost 2 years later that doesn't make sense.
     
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  4. Smity6

    Smity6 Bobtail Member

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    Feb 25, 2024
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    it just took that long in court. Thank you for responding.
     
  5. 2Tap

    2Tap Medium Load Member

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    Your CDL License After A Pittsburgh DUI
    Commercial driving license penalties after a DUI include:

    • First DUI – 1-year CDL disqualification
    • First DUI while transporting hazardous materials (hazmat) – 3-year CDL disqualification
    • Second DUI – Lifetime CDL disqualification
    ####, PA don't play. Either way you interpret 1 DUI vs 2, you wont have a CDL for 1-3 years.

    I would contact your union rep for options. My buddy was at the sunset of his tree trimming career here for Alliant Energy and they let him drive for their senior lineman who could no longer pass a vision test to maintain his CDL.

    Good Luck man, you're going to need it.
     
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  6. MSWS

    MSWS Light Load Member

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    It differs from state to state, but the time to have done something about it is probably passed. A guy I know got a DUI years ago that would have wrecked his career, (not trucking), so he immediately hired an attorney who ended up making some kind of deal that got the charge lowered to where it wouldn't cost him his license. I think the lawyer charged close to $5k at the time, but he considered it money well spent to keep his job. It probably wouldn't hurt to get a consultation just in case there's still something that can be done.
     
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  7. snowwy

    snowwy Road Train Member

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    There are 2 suspensions.

    State and federal.

    State suspends you but you can drive a car after the state time-frame.

    You can't drive a commercial vehicle until the federal time-frame is up.

    State suspension is 120 days or whatever your state is. Federal is 1 year.

    What the comments have posted isn't a State thing. It's a federal thing. Regardless of what state you live in.

    It's been awhile since I looked at it.
    The states go 10 years from last dui. Your first offense was 2005. Your second offense is 2022. That's over 10 years so it qualifies as a state first offense again.

    That's just an example. Your state could be different.

    It sounds like federal doesn't do 10 years. They go lifetime. I don't know about the non cdl thing.

    I'd call roadlaw. They have attorneys in every state. There's another lawyer service but I can't think of the name at the moment.

    Both companies are commercial lawyers.
     
  8. shanman

    shanman Medium Load Member

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    @snowwy could you elaborate on this I’ve never heard of a federal suspension before I always thought it was the states that had power over licenses. I’ve never heard of a federal license
     
  9. Razororange

    Razororange Road Train Member

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    The FMCSA leaves it up to states to issue and renew a CDL but they have laws that the states must follow. This includes the Violations that can result in disqualification for a CDL. 2nd DUI is a lifetime disqualification. From the sound of it the OP got caught DUI in 2022 and has finally gone through the legal process which resulted in him being convicted of his 2nd DUI. Now that he's actually been convicted the state revoked his CDL like they are required to. They can't do it when he is charged, had to wait for the final conviction to be filed.

    Looks like he'll be eligible to apply for a CDL again in 10 years if he completes a rehab program.

    See the link below for the chart.
    Federal Register :: Request Access
     
    Last edited: Feb 25, 2024
  10. Moosetek13

    Moosetek13 Road Train Member

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    If you had a CDL for the first one but not a CDL for the second, the outcome might be different.
    But you got the second DUI while you were a CDL holder, so the first probably counts against that.

    Too bad you didn't learn to not drink and drive after the first one.
     
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