Can a person with 37 year old DUIs get a cdl?

Discussion in 'Experienced Truckers' Advice' started by person, Jun 9, 2012.

  1. Gizmo_Man

    Gizmo_Man Road Train Member

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    under state stature, a DUI may be different than a DWI. And the o/p may have been "convicted" where these invisible 2 guys you know, where only charged, and the charges either dropped or were reduced.
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    When did the DMV start keeping records of DUI's for longer than 3 or 10 years? If the DUI's were already dropped off the MVR prior to that date, there may not be any record of them in the file. Also, a law or regulation which takes effect after a certain action has transpired screams ex post facto. In fact, there are convicted sex offenders who are exempt from the requirements to register because they committed their crime and were sentenced prior to the registration requirement taking effect. The same argument could be made about 37 year old DUI's as they relate to the CDL regulations prohibiting people with more than 2 DUI's from holding a CDL. The violations occurred before the regulations increased the penalties, so the new stiffer penalties shouldn't apply to the convictions which occurred prior to the enactment of the new rules.


    ...but then again, we ARE talking about the government.:biggrin_2556:
     
  4. person

    person Light Load Member

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    Yeh. I was thinking about that grandfathered thing. But I think those kinda law changes become effective immediately to all. I'd think anyway. It might boil down to if they actually search that far back for a non felony. Are DUIs a felony? Or maybe there is some kinda expungement thing that can be worked for this kinda thing if they do go there.
     
  5. Gizmo_Man

    Gizmo_Man Road Train Member

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    we all have a PERMANENT driving record. it goes back to when our license was first issued to us as teenagers.

    only say for instance, some things "fall off" the radar screen, after 3, or 5 years, on a current DMV check. But they REMAIN on the permanent record. However, if CA has a law/ruling whatever, regarding DUI's, then that's going to show up, when he goes and get's his CDL permit.
     
  6. Ex-Con-Trucker

    Ex-Con-Trucker Medium Load Member

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    You realize all anyone is doing is guessing about your situation. You need to go to the DMV, and have them run your record. Then go to the local police station, and have them run a criminal record. A DUI isn't going to be on your DMV, only on your criminal record. At the same time, ask them if you're CDL eligible. Technically, you won't even need to ask. It'll be written somewhere on your driving record if you're CDL eligible.

    You mentioned one was 37 years old. I'd be willing to bet a months pay that it doesn't show up anywhere. Just my opinion though.
     
  7. person

    person Light Load Member

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    These posts have given me a lot think about.
    The "came off your record" thing may be working. Because they were most likely DWIs that came off the record over time before they started changing the laws and stuff. I know that it was possible to have these be simply like major traffic offenses. And traffic offenses were not kept on your record forever. This is my best guess, b/c even though they always included arrest, I think you were being arrested for a simple traffic violation that came off your record. (The felony data bases of that day are no doubt much more likely to get in your way now.) So, I imagine this stuff and hope it's true for the guy who wants to drive. Next step is for him to go take the learners permit test and see what happens as the saga moves along. You think?
     
  8. Cat sdp

    Cat sdp . .

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    Both guys had old dwi convictions back in the comm A license days, 30 years ago .Person maybe you should talk to a lawyer .
     
  9. fortycalglock

    fortycalglock Road Train Member

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    You're arrest record never goes away. Not to mention, I know of no starter companies that take multiple DUI's, no matter the age. If you get a CDL, it will take some door knocking to find a job.
     
  10. 123456

    123456 Road Train Member

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    Yes .......................

    you can get your cdl.


    Just don't get 2 dui's when you have a cdl,

    because then you lose your cdl for life !!!
     
  11. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    I've never heard of that rule with Ca. DMV. Have your friend get a Cl. "a" permit, if they issue it, he should be good to go.
     
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