Confused - DUI - 2nd Offense?

Topic 22400 | Page 1

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Greg H.'s Comment
member avatar

I'm reading a couple of post that suggest that you can have a 2nd DUI on your record. And what I'm reading in the Texas Commercial Motor Vehicle Drivers Handbook says something different. I'm not questioning anyone but, I am wondering if I'm missing something here or what.

I underlined one sentence near the bottom of this. It says that if you commit a second offense, and I'm assuming it means any of those listed below, you will lose your CDL for life. Orrr, is it referring to the sentence before this that mentions committing the offense while driving a CMV that is placarded for hazardous materials. It skips a line in the manual. It's not one sentence. So, I don't know.....

Copy and Pasted from the Handbook: Section 1.3 - CDL Disqualifications

1.3 - CDL Disqualifications

1.3.1 – General

You may not drive a commercial motor vehicle if you are disqualified for any reason.

1.3.2 – Alcohol, Leaving the Scene of an Accident, and Commission of a Felony

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.

You will lose your CDL for at least one year for a first offense for:

Driving a CMV if your blood alcohol concentration is .04% or higher.

Driving a CMV under the influence of alcohol.

Refusing to undergo blood alcohol testing.

Driving a CMV while under the influence of a controlled substance.

Leaving the scene of an accident involving a CMV.

Committing a felony involving the use of a CMV.

Driving a CMV when the CDL is suspended.

Causing a fatality through negligent operation of a CMV. You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.

You will lose your CDL for life for a second offense. You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.

You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.

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.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.

    DUI:

    Driving Under the Influence

    Out-of-Service:

    When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Old School's Comment
member avatar

There's a difference in getting a DUI with a CDL. The folks in here asking about their past convictions are referring to driving with a regular driver's license.

You are reading information concerning operating a commercial vehicle.

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.

DUI:

Driving Under the Influence

Greg H.'s Comment
member avatar

There's a difference in getting a DUI with a CDL. The folks in here asking about their past convictions are referring to driving with a regular driver's license.

You are reading information concerning operating a commercial vehicle.

yeh, I understand that. But, I thought the law had changed and now everything that is on your Class C or other licenses rolls over onto your Class A as well. They all count against you another words. I'll have to find that section in the Manual again. Somewhere..... lol

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.

DUI:

Driving Under the Influence

Greg H.'s Comment
member avatar

Found it again while studying for my CLP.

TEXAS COMMERCIAL MOTOR VEHICLE DRIVERS HANDBOOK

1.3.7 – Traffic Violations in Your Personal Vehicle

The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges.

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations, you will lose your CDL for 1 year. If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.

If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a “hardship” license to operate a CMV.

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.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    CLP:

    Commercial Learner's Permit

    Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

Old School's Comment
member avatar

Greg, you are misunderstanding the context. It is referring to folks who are convicted while driving in their personal vehicle, but they already have a CDL. Old convictions from a class C license do not roll over and somehow keep you from obtaining a CDL. The point of what it says is that if you are a CDL holder and get two DUI convictions, it doesn't matter that you were driving your family sedan. You will still be disqualified from being a commercial driver. That is not a reference to two DUI's back before you ever obtained your CDL.

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.

DUI:

Driving Under the Influence

Greg H.'s Comment
member avatar

I still might do some double checking on it. They use not to count previous DWI's or DUI's, or whatever, against you. Now, they all, no matter how far they go back, count against you, in a court of law that is. The 3rd offense is a Felony now days I believe.

DUI:

Driving Under the Influence

DWI:

Driving While Intoxicated

Greg H.'s Comment
member avatar

It's sort of crap anyway, because I know someone who got a DWI while driving their personal vehicle, holding a Class A CDL License, and they only suspended their license for 90 days. This was after 1999... pft, who knows sometimes now days. Probably best to just to not get any convictions that will keep you from either getting or keeping your Class A CDL.

I use to run a route down to Houston and then come out of Houston on 59, down through Lufkin and Nacogdoches, picking up work along the way, then over to Jacksonville and into Tyler from there. It was a nice little run. I ran it for 2 years, 6pm to 6am.

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.

DWI:

Driving While Intoxicated

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