DUI Didn’t Get Reported To Clearinghouse

Topic 34696 | Page 1

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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.

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