Texas cdl holder dui conviction in Michigan

[Macam84]

I was arrested on November 28th and convicted on January 9th. I pled guilty to a charge of " operating while visibility impaired" which is what Michigan calls it when you blow less than a .08 but I reality I blew a .16. I was wanting to start looking for a new job very soon, probably April after I finish all my community service and other probation stuff but I am a cdl holder andv I want to make sure that this won't come back and bite me years later. Here are my questions:
1. Michigan is not part of the drivers license compact but how often does Texas check the national drivers registry? Only when I go in for license renewal?
2. Will Texas even pull my license if and when they find out since I was given the plea deal mentioned above?
3. My license is good till March 2020, is it possible to get my case sealed before then to avoid any repercussions from Texas?
4. If it's sealed but already on the NDR, will it come off the NDR?
5. According to the NDR website, convicting states have 31 days to report to the NDR. Can it still go on there after that time or am I free and clear if it's not on there yet? I'm planning on submitting a request for a copy of my ndr in about a month to be on the safe side.

 

[FlyingRon]

You need a lawyer big time. You're not winning this based on anything we can tell you.

1. ALL STATES participate in the NDR. You're toast on your CDL if you're convicted anywhere.
2. You can expect to be parked for a year in Texas for any alcohol related offense anywhere. It makes no matter what they cal lit.
3. No.
4. No.
5. I have no idea what you're getting at here.

 

[quincy]

Here is a link to the Texas Transportation Code, Commercial Driver's Licenses: http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.522.htm#522.081

 

[Macam84]

You need a lawyer big time. You're not winning this based on anything we can tell you.

1. ALL STATES participate in the NDR. You're toast on your CDL if you're convicted anywhere.
2. You can expect to be parked for a year in Texas for any alcohol related offense anywhere. It makes no matter what they cal lit.
3. No.
4. No.
5. I have no idea what you're getting at here.

I got a lawyer in Michigan, what really screwed me was how honest I was with the officer during the time of the arrest so it was all on the report and therefore my lawyer couldn't get me a better deal so I don't think there's any hope of winning anything, I've already been convicted. But I've also heard through the grapevine( other forums) that things tend to slip through the cracks on the ndr, so that's what I asking in number 5. I'm just trying to figure out that if at the time that I submit the request for my ndr, it'll be about 2 months since my conviction, if it's not on there yet can I be comfortable with the possibility that it won't go on there a year from now? As I stated, the ndr website states that states have 31 days

 

[quincy]

I got a lawyer in Michigan, what really screwed me was how honest I was with the officer during the time of the arrest so it was all on the report and therefore my lawyer couldn't get me a better deal so I don't think there's any hope of winning anything, I've already been convicted. But I've also heard through the grapevine( other forums) that things tend to slip through the cracks on the ndr, so that's what I asking in number 5. I'm just trying to figure out that if at the time that I submit the request for my ndr, it'll be about 2 months since my conviction, if it's not on there yet can I be comfortable with the possibility that it won't go on there a year from now? As I stated, the ndr website states that states have 31 days

I am not as confident as you appear to be that Texas will not know of your conviction in Michigan. You might want to make employment plans that do not include needing a CDL license.

You could probably benefit from talking to an attorney in Texas.

 

[Macam84]

I am not as confident as you appear to be that Texas will not know of your conviction in Michigan. You might want to make employment plans that do not include needing a CDL license.

You could probably benefit from talking to an attorney in Texas.

I meant to mention that in the last reply I made as well, no attorneys in my area can seem to give me any solid answers on the topic, I live in Odessa Texas, smaller town, not super small but none of these attorneys had any experience with out of state duis, that's why I'm on here

 

[quincy]

I meant to mention that in the last reply I made as well, no attorneys in my area can seem to give me any solid answers on the topic, I live in Odessa Texas, smaller town, not super small but none of these attorneys had any experience with out of state duis, that's why I'm on here

There ARE no solid answers for you right now. You can order your own NDR record from Michigan, though, if you want to.

I have been to Odessa, by the way - saw your meteor crater. Nice city.

 

[quincy]

Macam84, there is no need to start an additional thread if you have additional questions about your DUI conviction. Please add the questions to this thread. Thank you.

Your latest question is: "Can I have my case deferred even though I've already been convicted?"

The answer to that question is: No.

Here is a link to the Model Commercial Driver License Manual that you might find helpful:

https://static.ark.org/eeuploads/asp/cdl_manual_2003.pdf

 

[FlyingRon]

Deferrals and other dodges are not supposed to be available to CDL holders anyhow (even if caught when not "on duty").

 

[quincy]

Deferrals and other dodges are not supposed to be available to CDL holders anyhow (even if caught when not "on duty").

Right. According to the Manual, a CDL holder must notify their employer within 30 days of a conviction for any traffic violation (other than parking tickets) and must notify their motor vehicle licensing agency within 30 days if convicted in any other jurisdiction of any traffic violation (other than parking tickets). Convictions should not be something that the employer or licensing agency has to discover by running an NDR check.

 

[Zigner]

The OP is here to ask how he can skirt the law, not how he can attempt to resolve his problem using legal processes.

 

[quincy]

The OP is here to ask how he can skirt the law, not how he can attempt to resolve his problem using legal processes.

It sure appears that way.

Despite what he might believe, Macam84 apparently had a good attorney in Michigan if he was able to get his charge reduced, this if he had a recorded BAC of 0.16.

At this point, I think Macam84 should probably be looking for a job that does not require driving.