Life revocation of CDL

[firefighter]

What is the name of your state (only U.S. law)? California

I received a DUI in July 2006 and another one in November 2008. I plead guilty to the first one and had it expunged in December 2008. I plead no contest to the second one and am currently paying fines, community service, and attending an 18 month DDP. I lost my California driving priveledge for 2 years, with the possibility of obtaining a conditional license after one year of suspension.

I moved to Nevada 2 months before I went to court and obtained a Nevada drivers license without incident. I just got a DMV printout and it says I have a valid Nevada license w/o restrictions. I was told by my attorney that I would be unable to get a California CDL for life. I work for a fire department in California close to the Nevada border where it is legal for us to drive fire apparatus with a Nevada license. My question is will it be possible for me to obtain a Nevada CDL without raising any 'red flags'. I've quit drinking since my last incident, and I read somewhere that if I attended a treatment program, I could possibly get a CDL. Any light shed on my situation would be greatly appreciated. Thank you.What is the name of your state (only U.S. law)?

[rodr223]

CDL licenses are governed by the federal government not individual states.
For a first conviction or breath test refusal you lose your cdl for one year.
For a second conviction conviction or breath test refusal it's a life revocation.
I don't think it matters if it was expunged. Hope this helps

[rodr223]

You can google MCSIA motor carrier safety interstate agreement,and they will have a list of disqualifacations.

[FlyingRon]

Sorry, rodr, that's not quite right.

While the MCSIA effective in 2005 establishes minimal federal guidelines that the states have to follow, each state is free to establish their own rules over and above that and it is the state who has the rules for the license.

That being said, I don't know how he managed getting a CDL in Nevada. Given the dates of the convictions, he should be under a lifetime revocation in all states.

Yes, the lifetime revocation can be lifted, and each state has it's own rules (and I have no idea what Nevada's rules are) but a less than a year isn't going to be the end of it no matter how much treatment or reform you claim to have. Your best bet is to call a laywer who specializes in these things in Nevada and ask them.

[rodr223]

You are right Flyingron
I just reviewed the MCSIA and you can have a lifetime restriction lifted,but only after 10 years and you must complete a state authorized treatment program.