Can I Get A CDL If My DUI’s Were In A State That Disqualifies You From Obtaining One?

Topic 2246 | Page 1

Page 1 of 1
Chris L.'s Comment
member avatar

I live in NC and have a NC driver’s license. In 2004 I got 2 DUI’s that year out of stupidity. Over the past month I've been studying for my CDL permit, preparing for school and today I pulled my MVR from NC and Ga (where I previously held a license). My NC was perfect and my GA has no points as well, however it says I’m disqualified from a CDL. Now I spoke with the NC DMV awhile back and asked them if I had 2 DUI’s in a 10 year period would it keep me from obtaining a CDL? There answer was no due to the fact I didn't hold a CDL when I got the DUI’s. Also from what I’ve read, due to the fact that the DUI’s occurred before the MCSIA Laws took effect in September 2005, I would not be disqualified under that act. Georgia is saying that it is GA law that disqualifies me for life and they are hoping to put a bill into effect in 2014 that would change that law and allow you to obtain a CDL after 10 years instead of lifetime providing you show proof of a rehabilitation program.

I make no excuses for my mistakes back then. I’ve been in the bar business for 20 years and am wanting very badly to walk away and make a career change and truck driving has been my passion. My question first, is what I’ve read correct that I will not fall under the federal regulations? Second, since NC is stating that I should have no problem obtaining a CDL will the fact that GA law disqualifies me keep me from obtaining a CDL in NC?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DUI:

Driving Under the Influence

Old School's Comment
member avatar

Welcome to the forum Chris!

Your CDL must be in the state of your residence. I am not familiar with the law you cite in Georgia that would keep you from obtaining a CDL, but as long as your residency is in North Carolina then you should not have any problems. Even though the CDL falls under Federal laws it is still issued by the States. So go for it!

The DUI's will cause you more problems with obtaining employment in the industry than they will in keeping you from getting your license. You will need to apply at lots of places. I don't know when you are planning on taking this step, but I would recommend you wait until around April of 2014. Hiring will start ramping up around then, and when recruiters are pressed for bringing in more drivers some times their standards get a little more relaxed just to meet the demands of management. Each company has different ideas on the DUIs, some have zero tolerance, some want ten years to have gone by, some will tolerate one but not two, others only require that five years have gone by. This is why I say apply like crazy and see who is interested in you. You can Apply For Truck Driving Jobs here and have the application sent to lots of different companies. Also read about Understanding Pre-Hires and go ahead and get started on the process of obtaining some pre-hire letters. This will help you know that there is a potential job waiting for you once you get your license squared away.

Best of luck to you, and keep us posted! Of course if you hit a snag along the way jump in here and we will see what we can do to help.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Pre-hire:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Pre-hires:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

DUI:

Driving Under the Influence

Starcar's Comment
member avatar

WOW...thats an eye opener !! That is good to know...

Chris L.'s Comment
member avatar

Welcome to the forum Chris!

Your CDL must be in the state of your residence. I am not familiar with the law you cite in Georgia that would keep you from obtaining a CDL, but as long as your residency is in North Carolina then you should not have any problems. Even though the CDL falls under Federal laws it is still issued by the States. So go for it!

The DUI's will cause you more problems with obtaining employment in the industry than they will in keeping you from getting your license. You will need to apply at lots of places. I don't know when you are planning on taking this step, but I would recommend you wait until around April of 2014. Hiring will start ramping up around then, and when recruiters are pressed for bringing in more drivers some times their standards get a little more relaxed just to meet the demands of management. Each company has different ideas on the DUIs, some have zero tolerance, some want ten years to have gone by, some will tolerate one but not two, others only require that five years have gone by. This is why I say apply like crazy and see who is interested in you. You can Apply For Truck Driving Jobs here and have the application sent to lots of different companies. Also read about Understanding Pre-Hires and go ahead and get started on the process of obtaining some pre-hire letters. This will help you know that there is a potential job waiting for you once you get your license squared away.

Best of luck to you, and keep us posted! Of course if you hit a snag along the way jump in here and we will see what we can do to help.

Thanks for your advice, I do appreciate it. Ok here’s what I’ve found out so far. Some lawyers are telling me that since my DUI’s took place before 2005 that they don’t fall under Federal regulations because that law was passed after my DUI’s. Some are saying 2006. Georgia says that their laws were made prior to my DUI’s. However Georgia law states……. Authority: O.C.G.A. §§ 40-5-156 and 40-6-15. 1-1-.07 Suspensions. 1. A lifetime period of suspension may be reduced to 10 years after an applicant furnishes proof of rehabilitation, approved by the Department of Motor Vehicle Safety. 2. Drivers possessing a commercial driver's license that is suspended, revoked or canceled shall not be issued a limited permit or probationary license to operate a commercial vehicle. Georgia claims that although the law clearly states that a lifetime disqualification can be reduced to 10 years, and the law has been this way for a long time, Georgia doesn’t have a program in place to allow you to meet their qualifications to get it reduced. I’ve talked to several lawyers and none of them know anyone that has ever tried to get a lifetime reduced. If anyone knows of any good CDL lawyers please let me know. I really want to make a life change and drive a truck. I’ve seen on several post where other people are having similar problems. Thanks for all your help

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Pre-hire:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Pre-hires:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

DUI:

Driving Under the Influence

Tracey K.'s Comment
member avatar

Did you get the two DUI's in Georgia? Because if you did then you would have received a letter from Georgia stating that you have been suspended for life. If you have not received that letter you should not have been suspended. Also, is a lawyer telling you have a lifetime suspension or is it one of the operators you are calling at DDS? Ask them when the letter was issued. And get the date of the suspension. You can apply for your driving history and record beyond the normal DMV report by going through the Conyers office of the Georgia DDS. I would contact the Commissioners Office of DDS to see about filing for your record. It sounds like to me that a big mistake has been made and believe you me Georgia is good about that.

What county did the DUI's happen in? Have you had more than 2 DUI's? Did you move to NC from Georgia? If NC will issue you a CDL then Georgia has no claim to you. If your license is under a lifetime suspension in any state you would be denied a license period in another state.

A lifetime suspension is for multiple DUI's. Meaning more than 2. I had two within a period of 4 years. Here in Georgia. I had to get a wavier on the "drunk box", and do all the mandatory school stuff. But that was all. First one was in 2004 the other in 2006.

Contact the Commissioner of DDS. And I will see if I can find the right attorney for you. Need to know the county and like I said if you have more than just the two.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

DUI:

Driving Under the Influence

guyjax(Guy Hodges)'s Comment
member avatar

His normal drivers license Is not in question just the possibility of obtaining his cdl. Evidently has something to due with the law he posted about.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Chris L.'s Comment
member avatar

Did you get the two DUI's in Georgia? Because if you did then you would have received a letter from Georgia stating that you have been suspended for life. If you have not received that letter you should not have been suspended. Also, is a lawyer telling you have a lifetime suspension or is it one of the operators you are calling at DDS? Ask them when the letter was issued. And get the date of the suspension. You can apply for your driving history and record beyond the normal DMV report by going through the Conyers office of the Georgia DDS. I would contact the Commissioners Office of DDS to see about filing for your record. It sounds like to me that a big mistake has been made and believe you me Georgia is good about that.

What county did the DUI's happen in? Have you had more than 2 DUI's? Did you move to NC from Georgia? If NC will issue you a CDL then Georgia has no claim to you. If your license is under a lifetime suspension in any state you would be denied a license period in another state.

A lifetime suspension is for multiple DUI's. Meaning more than 2. I had two within a period of 4 years. Here in Georgia. I had to get a wavier on the "drunk box", and do all the mandatory school stuff. But that was all. First one was in 2004 the other in 2006.

Contact the Commissioner of DDS. And I will see if I can find the right attorney for you. Need to know the county and like I said if you have more than just the two.

Yes I got them in Georgia when I lived there years ago. The way I found out was when I got my driving record from Georgia a few weeks ago. On there it says lifetime disqualified CDL. I never received a letter about it. I'm still valid to drive in GA. They just disqualified me from a CDL.

I got one DUI in Cobb and the other in Gwinnett and yes I moved to NC 6 years ago from Georgia. When you said you had to get a wavier on the "drunk box", and do all the mandatory school stuff what do you mean? The reason I ask, is when i talked to the legal department in Conyers they told me that even though the law states that you can have a lifetime reduced to 10 years by providing proof of a state approved rehabilitation program, that they don't have anything in place to allow you to do that at the moment. That bill is hopefully coming up in late 2014 to allow for you to get a lifetime reduced but not at the moment.

Hey guys, Thanks for all your help on here. i just want to drive and be able to pay my bills. I've been in the strip club business for 20 some years and just want out of the whole scene. Driving is what I've wanted to do for years and now that I'm trying to make that move I'm hitting one wall after another.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

DUI:

Driving Under the Influence

Byron B.'s Comment
member avatar

Hey Chris my name is Byron Boynton. I know this was a few years back but I just wanted to follow up on how things went with your disqualification in GA. I'm a resident of this state and I am in the same boat as you. I was young and had two DUIs at 21 but the last was March of 2005. Any info you have will greatly be appreciated cause I sure could use a career change. Thanks

Did you get the two DUI's in Georgia? Because if you did then you would have received a letter from Georgia stating that you have been suspended for life. If you have not received that letter you should not have been suspended. Also, is a lawyer telling you have a lifetime suspension or is it one of the operators you are calling at DDS? Ask them when the letter was issued. And get the date of the suspension. You can apply for your driving history and record beyond the normal DMV report by going through the Conyers office of the Georgia DDS. I would contact the Commissioners Office of DDS to see about filing for your record. It sounds like to me that a big mistake has been made and believe you me Georgia is good about that.

What county did the DUI's happen in? Have you had more than 2 DUI's? Did you move to NC from Georgia? If NC will issue you a CDL then Georgia has no claim to you. If your license is under a lifetime suspension in any state you would be denied a license period in another state.

A lifetime suspension is for multiple DUI's. Meaning more than 2. I had two within a period of 4 years. Here in Georgia. I had to get a wavier on the "drunk box", and do all the mandatory school stuff. But that was all. First one was in 2004 the other in 2006.

Contact the Commissioner of DDS. And I will see if I can find the right attorney for you. Need to know the county and like I said if you have more than just the two.

double-quotes-end.png

Yes I got them in Georgia when I lived there years ago. The way I found out was when I got my driving record from Georgia a few weeks ago. On there it says lifetime disqualified CDL. I never received a letter about it. I'm still valid to drive in GA. They just disqualified me from a CDL.

I got one DUI in Cobb and the other in Gwinnett and yes I moved to NC 6 years ago from Georgia. When you said you had to get a wavier on the "drunk box", and do all the mandatory school stuff what do you mean? The reason I ask, is when i talked to the legal department in Conyers they told me that even though the law states that you can have a lifetime reduced to 10 years by providing proof of a state approved rehabilitation program, that they don't have anything in place to allow you to do that at the moment. That bill is hopefully coming up in late 2014 to allow for you to get a lifetime reduced but not at the moment.

Hey guys, Thanks for all your help on here. i just want to drive and be able to pay my bills. I've been in the strip club business for 20 some years and just want out of the whole scene. Driving is what I've wanted to do for years and now that I'm trying to make that move I'm hitting one wall after another.

double-quotes-start.png

Did you get the two DUI's in Georgia? Because if you did then you would have received a letter from Georgia stating that you have been suspended for life. If you have not received that letter you should not have been suspended. Also, is a lawyer telling you have a lifetime suspension or is it one of the operators you are calling at DDS? Ask them when the letter was issued. And get the date of the suspension. You can apply for your driving history and record beyond the normal DMV report by going through the Conyers office of the Georgia DDS. I would contact the Commissioners Office of DDS to see about filing for your record. It sounds like to me that a big mistake has been made and believe you me Georgia is good about that.

What county did the DUI's happen in? Have you had more than 2 DUI's? Did you move to NC from Georgia? If NC will issue you a CDL then Georgia has no claim to you. If your license is under a lifetime suspension in any state you would be denied a license period in another state.

A lifetime suspension is for multiple DUI's. Meaning more than 2. I had two within a period of 4 years. Here in Georgia. I had to get a wavier on the "drunk box", and do all the mandatory school stuff. But that was all. First one was in 2004 the other in 2006.

Contact the Commissioner of DDS. And I will see if I can find the right attorney for you. Need to know the county and like I said if you have more than just the two.

double-quotes-end.png

Yes I got them in Georgia when I lived there years ago. The way I found out was when I got my driving record from Georgia a few weeks ago. On there it says lifetime disqualified CDL. I never received a letter ab

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

DUI:

Driving Under the Influence

Page 1 of 1

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Understanding The Laws
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Why Join Trucking Truth?

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training