DUI Didn’t Get Reported To Clearinghouse

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Shane L.'s Comment
member avatar

I have always looked up to this site . Now I’m the one who needs advise , thanks in advance . I got caught with a drug in my truck that use for depression. It is not one of the main drugs that gets tested for on the 5 or 7 panel . I was at a truck stop trying to take a shower and rest for 1-2 hours . It wears off by then .another trucker called the police on me and I got a dui since I was not in a parking spot yet and still on duty . However my company did not report it to the clearinghouse . So as of now when I apply to new companies my mvr and background and clearinghouse are clear but when they call my old company they say “ fired for failing drug test “

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

Pete B.'s Comment
member avatar

This post leaves me with so many questions, before I can even entertain the idea of giving advice… where to begin… you got caught with a drug you use for depression. Do you have a prescription for this drug, or are you self-medicating? Is this drug considered an illegal substance? Yes I know, outside of trucking, marijuana is legal in most states, but in the trucking industry it is illegal. Not saying the drug you got caught with is pot, but you didn’t say what it was, so I’m left wondering…. … You wrote, “it wears off by then.” What does that even mean? You took this drug when you pulled into the truck stop, and expected it to have worn off by the end of your shower and your rest break? Why did another truck driver even report you, were you exhibiting signs of being under the influence of something? Was it erratic behavior? … … Where were you parked if not in a parking spot? Were there parking spots available and you just decided to create your own parking spot? And I’m trying to figure out the timeline here… you pulled into a truckstop, seemed suspicious enough to another driver that they reported you to the police, the police responded, all the while you are still on duty? That’s some hella quick response by the police. … … With so little real information to go on, I’d say you’ve most definitely sidetracked your driving career. Doesn’t matter that your background or clearinghouse is clear if your former company is going to report your termination due to drug use. Moving forward, you need to reestablish your credibility. And use better judgment. If you are clinically depressed, get a prescription for medication that is approved by the FMCSA. DO NOT self-medicate. Apply everywhere, but go ahead and pass on the mega-carriers. They’re going to learn about this history and won’t touch you. It likely won’t be your dream job, but it appears you’ve made a series of bad decisions here, and now have to live with them. If this is a lifestyle/endeavor you really want to pursue, suck it up and do the dirty work for three or so years, then hopefully better opportunities will come your way. Best of luck to you!

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

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.
PJ's Comment
member avatar

This is a bit strange to me, but probably I find it that way because of a ton of missing facts surrounding the situation.

I’m going to take it you must have been showing signs of impairment and was in at least constructive control of the vehicle. If you haven’t adjuicated the case yet, get a lawyer and fight it in court. If it’s already done, then your career is on hold for awhile. A DUI in a CMV is a career killer. I don’t know the rest of your record so how long your license will be pulled is at a minimum 1 yr.

In alot of ways this is worse than failing a drug test.

You need good legal advise from someone looking at all the circumstances.

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

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Shane L.'s Comment
member avatar

Thanks for the kind words. You are right I’m leaving out a lot of details becuase I’m embarrassed. I have 5 years experience and nothing on my record. It wasn’t acid or mushrooms but kind of similar ,. And I don’t think it’s fmcsca approved becuase . I know I ruined my career . I work at a gas station now . The worse part is knowing I have to wait 5 years. Thanks for the responses . I got a lawyer to get the charges droppped down to a misdemeanor dui. But the lawyer even though I paid him a lot doesn’t really feel the need to help me get back into a truck.

Fm:

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.

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Old School's Comment
member avatar
The worse part is knowing I have to wait 5 years.

How did you come up with that?

But the lawyer even though I paid him a lot doesn’t really feel the need to help me get back into a truck.

Why should he?

You are the only one who can help you in this situation. The damage is done. Move on. Change your mindset, and change your life.

Resilience is a character trait you need to pursue. People have faced much greater odds than you are staring at and risen above their circumstances. I personally had a very difficult entry into trucking. Despair only drags you in the wrong direction.

Admit your mistakes or faults, change your ways. Never stop moving forward. Don't blame your lazy lawyer or an overzealous trucker for calling the police. You took your own poison here, and it really seems to surprise you that you can't get away with it.

This is a great time to decide to act like a man. Put your childhood behind you and show you've got some fortitude. Do what it takes to get back into your chosen career. Then do what it takes to stay there.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Shane L.'s Comment
member avatar

Thanks broooo . I came on here to get advice on how to get back on the road becuase I can’t find it on the internet. My backround cmv mvr clearinghouse is all clean. I don’t know why my last company didn’t report it to the clearinghouse . I don’t know if if I’m sap. I thought I could get help from veteran truck drivers but all I’m getting is shade for being a pos . Yes I’m A flip flop driver . But I still have 500k miles serving our country . And consider myself a a good person . God just took me off the road for a little while. I’m gaining experience in the real world at my cashier job. I just miss the loves out in Texas and Oklahoma :(

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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

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.

Stevo Reno's Comment
member avatar

I'm guessing since trucking is federally regulated is the only reason the company is allowed to report exactly "why" you were terminated.....Private sector employers, I know of aren't really allowed to say "why" someone was fired, only if they are re-hireable.

How did some "other" driver even know what you did/took? and if you were going to shower, where the hell were you parked in the truck stop to been seen doing whatever?? Seems like maybe this "lawyer" you found and paid was just an "Ambulance" chaser type, gladly take your money and not really do much for it/you. Maybe later find a better one, "ya get what ya pay for"

Well, good luck to you but it "sounds" like you may have a steep hill to climb, and might take some time to get past this, if at all. good-luck.gif

Pete B.'s Comment
member avatar

Thanks broooo . I came on here to get advice on how to get back on the road becuase I can’t find it on the internet. My backround cmv mvr clearinghouse is all clean. I don’t know why my last company didn’t report it to the clearinghouse . I don’t know if if I’m sap. I thought I could get help from veteran truck drivers but all I’m getting is shade for being a pos . Yes I’m A flip flop driver . But I still have 500k miles serving our country . And consider myself a a good person . God just took me off the road for a little while. I’m gaining experience in the real world at my cashier job. I just miss the loves out in Texas and Oklahoma :(

Shane, wrong card to play here. You’re asking a diverse group of humans for their opinions, and so they’re giving it to you. Stop focusing on the judgment and realize the advice you have been given. My advice was find any CDL job you can find, no matter how unenjoyable it may seem to you. Undoubtedly there are companies hiring CDL drivers that could care less about the clearinghouseand you certainly won’t enjoy the perks you benefited from while driving for your previous company, but those are the lumps you’ll have to take to climb your way back. That’s all any reputable company will be interested in, that you have at least three years (3 years seems to be the magic number) of driving experience with zero infractions. Zero infractions=zero warnings=zero incidents=zero tickets… you get the picture. The next piece of advice you received was find good representation to fight your DUI. Well you checked that box. Then Old School asked you to change your mindset, move on, admit your faults, be a man, and do whatever it takes to get the CDL job you want back. Sorry that you have to hear this, and here comes more judgment, but maybe it’s too soon because I don’t think you’ve changed your mindset, or really admitting your fault… You wrote that God took you off the road… … I had to read that twice. C’mon man, God did not take you off the road. You took you off the road. That would be Step 1 in all of this, owning up to your mistake. Blaming it on God? That sounds so preposterous I almost think you’re trolling us now. We’re responsible for our actions and behavior out here on the road… not God, not family, not friends or our employers, but us. The Love’s out in TX and OK aren’t going anywhere, in fact, they seem to be expanding a bit, so pay your dues now and you’ll get to see them soon enough. Bear in mind that if you do not use your CDL for several years, you may need to take a refresher course or go through CDL school all over again to be eligible for the sort of job you were let go from, which is why I advised to take anything you can find… check your local online ads. Hope this has been helpful, best of luck to you.

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.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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

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.

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.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

DUI:

Driving Under the Influence

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

Shane L.'s Comment
member avatar

Pete b.

That’s the **** I’m talking about , that’s why i came on here for advise . Truckers are the best people and really get each other . I meant god took me off the road like he had another plan for me and/or nothing else worse happened. Didn’t mean it in a negative way about god .

Every mile we drive is god is in the passenger seat.

Of course I changed my mindset if and when I get into a great truck I will never drive under the influence again.

The damn truck stop didn’t have any parking so I had to circle the fuel island again and got stopped at a pump. But when I was pumping the first time the passenger hose wasn’t pumping (which has never happened to me before ) ao I signaled a driver that was walking by and obviously sounded impaired . I don’t blame him . He might of saved someone ls life that day. But ohhhhh what a bad day it was for me . And my family that I have let down again.

I know the small companies might hire me . But they just hang up the phone if I tell them the truth.

My last option is trash truck but I’m scared they will say no .

On the other hand these lease to own companies are throwing themselves at me . But I’ve never done that.

That seems like my only option

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

PJ's Comment
member avatar

If you were convicted or plead out to a dui your cdl will have a mandatory 1 yr suspension at the minimum.

Also I would be very wary of and leasing program and if the current adminstration has their way those programs are going away by way of federal mandate.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

DUI:

Driving Under the Influence

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