Road Law – July 2020
We receive many calls about driver license suspensions and disqualifications for various reasons. Recently, we had a client who hired a lawyer to address several alcohol violations and thought he was out of the woods until he received a lifetime disqualification notice from his department of motor vehicles.
Q: I received a lifetime disqualification notice, and I don’t know why. I hired a lawyer to help with my alcohol-related cases, and he was able to have one charge dismissed, while the other was worked out with a plea agreement. Do I need to go back to court to fix this problem, and did my lawyer mess up my case?
A: In order to assess your situation, we need to see a copy of your motor vehicle record and any suspension or disqualification notice so we can see what is wrong.
Q: I will send it all to you to review.
A: We reviewed your records and, although your alcohol court cases don’t appear on your motor vehicle record, the record of your blood alcohol tests do. At this stage, it is helpful to point out that most alcohol-related offenses consist of two parts. The first is the court where the charges are filed and a determination of guilt is determined, while the second is with the department of motor vehicles, which is interested in whether you operated a vehicle while over the legal limit.
The only way to prevent action by the department of motor vehicles is to ask for an administrative hearing to contest the blood alcohol result or the traffic stop. Many times, this is not done since the bar is set fairly low, with the main questions being, “was the stop reasonable?” and “was the BAC over the legal limit?” If those two questions can be answered in the affirmative, then you are most likely to lose the administrative hearing.
The reason you received the disqualification notice from your licensing state is that under the Federal Motor Carrier Safety Regulations in Table 1 of Section 383.51 the government mandates that you be disqualified for life if you have two convictions of the listed violations. In your case, you have a record of blowing over the legal limit of 0.04 in a commercial motor vehicle, and you also refused to take a breath test on your second alcohol violation.
Q: So is there any way I can ever drive a commercial motor vehicle again?
A: Maybe. There is a 10-year reinstatement option that might be available if your licensing state has a program set up. Your best option is to contact the department of motor vehicles CDL division and inquire if such a program exists and what the specific requirements are to be eligible to apply for reinstatement after the 10-year period. Further, since this is only a CDL disqualification, you may be eligible to get a standard driver license in the meantime. LL
Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella, Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; call 405-242-2030, fax 888-588-8983, or contact them via RoadLaw.net.
This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.