dui,s and cdl

[ronss]

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

i receiver 2 duis in a month period in arizona in 1994, the second one was a felony, agravatted assult, and my lisc was suspend....got the tickets in march and may....in 1995 , i stopped drinking in bars completely and stopped drinking. i felt my health was be exposed to my drinking, and put priority on that thought...

the problem i have now, is that i cannot get jobs with trucking companies i desire to drive for, due to the 2nd dui...most companys have 1 lifetime...

is there anyway i get one of these dui,s off my record......one other problem i have is that i receivied them when i had a national cdl?

 

[sandyclaus]

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

i receiver 2 duis in a month period in arizona in 1994, the second one was a felony, agravatted assult, and my lisc was suspend....got the tickets in march and may....in 1995 , i stopped drinking in bars completely and stopped drinking. i felt my health was be exposed to my drinking, and put priority on that thought...

the problem i have now, is that i cannot get jobs with trucking companies i desire to drive for, due to the 2nd dui...most companys have 1 lifetime...

is there anyway i get one of these dui,s off my record......one other problem i have is that i receivied them when i had a national cdl?

Arizona does not have an official expungement process. Once you are convicted of a DUI, you cannot remove the conviction completely from your record. You can, however, ask a judge to set aside your conviction. If the judge grants your motion, employers and others who conduct basic background checks will not discover the conviction, although it will still appear if the employer conducts a detailed background check or driving-record check. These checks will show that the conviction has been dismissed. You may legally state you have never been convicted of a crime on job applications once your DUI conviction has been set aside.

To get a DUI conviction set aside in Arizona, you must fulfill all sentence terms, including jail or prison time, and complete your probationary period. Get copies of documentation showing you completed each term of the sentence as you do so. For example, you will need a copy of your discharge paperwork from jail or certificate of completion from a community service program.

To request that your conviction be set aside, you must fill out Arizona Superior Court Form 300 and give it to the clerk of the court to have the judge consider setting aside your conviction. You cannot verbally request this motion from a judge. When you submit the form, attach all documentation, such as proof of completion of probation or discharge from prison. The clerk will assign a hearing date. You need not attend the hearing; you will receive notification of the judge's decision by mail. You may ask your attorney to file this form on your behalf. If your conviction is set aside, you need not do anything further; the court will update your record. If your conviction is not set aside, you may file an appeal. You should consult an attorney at this point to determine how best to proceed.

 

[FlyingRon]

You need to also look into what your issuing state wants to do to reinstate your presumed lifetime CDL suspension. Having the conviction set aside may not necessarily do that.

 

[OHRoadwarrior]

Regardless of whether you get a DUI expunged, Hireright already has it in your DAC, most likely. If you consult recent changes to FMCSR 383.51 Disqualification of drivers, you are banned for life.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.51&keyword=alcohol

 

[ronss]

wow.....quess i just forget about driving.... seems odd that someone cannot drive after have sobriety for 2 decades......could they not have an interlock device for a driver

 

[ronss]

that regualtion is life time ban if the 2 duis where operating a commerical vehicle...i received my 2 duis drving my car, i believe that might not ban me for life...

 

[FlyingRon]

that regualtion is life time ban if the 2 duis where operating a commerical vehicle...i received my 2 duis drving my car, i believe that might not ban me for life...

Negative. You are suspended and banned if you have two DUIs under any circumstances. The only thing that changes when not operating the commercial vehicle is the per se limit and in many states what happens pending your conviction. I believe some states have a procedure for getting reissued but it takes a lot of work.