CDL License Disqualification In Arizona?


The CDL Disqualification In Arizona For Commercial Driver’s License

Talking in the context of driving under the influence, there is a special ring of hell for somebody with a commercial driver’s license (CDL) if they get charged with driving under the influence. That’s because what triggers a revocation or a year’s disqualification of a CDL is if somebody is the simply filing of a DUI charge in court or the service of an admin per se or implied suspension order.

A “conviction” does not necessarily mean a conviction in court. It can mean a finding in an administrative proceeding. For example, if somebody has a commercial driver’s license, they are charged with driving under the influence in a noncommercial vehicle, with an alcohol level more than .08%, they will be served with an admin per se suspension. The license could be suspended through the motor vehicle proceeding. A finding in finding in the administrative proceeding upholding the admin per se suspension is a conviction for CDL licensing purposes, so their CDL gets disqualified for at least 1 year. If the case is then not guilty of DUI in court doesn’t matter because that “conviction” is the finding in administrative proceeding. That person, even though they were not driving commercially, gets their CDL disqualified for a year even though the case is not guilty in court.

If they have a prior DUI conviction since 1990 and they then get an admin per se implied consent suspension or conviction in court, even if they did not have the CDL at the time of this prior Dui conviction, then their CDL is disqualified for life, which means 10 years.

When an admin per se suspension or an implied consent suspension proceeding is commenced by the serving of an order of suspension, there will be a notation that there is an admin per se or implied consent suspension filed on the person’s motor vehicle record. That’s all it will say.

If the person has a CDL, at the time of the service of the admin per se or implied consent order, a notation will be placed on their CDL MVD record that the CDL is disqualified for one year. Remember at this stage there has been no suspension or conviction yet the disqualification notice is placed on their MVD record.

Nevertheless, on a motor vehicle record it’s disqualified for a year even though there’s never been a finding of this. If a person is driving within the state of Arizona, the law enforcement officers know how to check person’s CDL record to see if it really is suspended however out if state officers do not know how to check this. So a person can be driving commercially in another state legally but get arrested for driving commercially without a valid CDL because the Arizona MVD record shows a disqualification even if there has been no disqualification. One can have the suspension stayed, in a disqualified state, not in effect be driving. In Utah, if you are stopped by an officer who runs their motor vehicle records, the record shows a disqualification for a year. That is a serious problem often the driver out of state will be told he cannot drive, which causes a problem with his load, again even though legally he can drive commercially.

In short, a special ring of hell because the record reflects a year’s disqualification even though there hasn’t been one. Although I have pointed this problem to the MVD, they refuse to change their record keeping practices to accurately reflect the fact that disqualification is not in effect. This is also a problem if the company or their insurance company runs a periodic CDL record check and sees the false disqualification on the record. They will see the disqualification on there and assumes that’s the correct because why else would it be on a motor vehicle record, except it is not true.

In those circumstances, just because it’s on there, it doesn’t mean it’s in effect. Obviously, many are skeptical about it because the person was driving a commercial truck and so they can end up with a much longer disqualification and because it’s disqualified in their employers mind, the case is pending even though it’s no matter what disqualified.

That’s why there is special ring of hell for people with a commercial driver license.

If you need information on Commercial Driver’s License Disqualification In Arizona, call the law office of Attorney Gordon Thompson for a free initial consultation and get the information and legal answers you’re seeking.

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