Hello everyone i have a question for a freind who isnt a member, he is about to write for his license and has had his application aproved and his date to test is already set but he just got a dui. So the question is can he still take his test seeing how he has been approved? And if cant if he gets convicted if he was to put the conviction off until after testing would he be ok?
[QUOTE=themman;133780]Hello everyone i have a question for a freind who isnt a member, he is about to write for his license and has had his application aproved and his date to test is already set but he just got a dui. So the question is can he still take his test seeing how he has been approved? And if cant if he gets convicted if he was to put the conviction off until after testing would he be ok?[/QUOTE]
Should’a waited to celebrate … he is royally F***ked.
My guess is he could take the test… an arrest isn’t a conviction right? Advice which I’ve seen before… get a lawyer. If it is dismissed… or he is found not guilty it doesn’t count anyway. You could try the search function because I know I’ve seen this or similar topics come up.
[QUOTE=themman;133780]Hello everyone i have a question for a freind who isnt a member, he is about to write for his license and has had his application aproved and his date to test is already set but he just got a dui. So the question is can he still take his test seeing how he has been approved? And if cant if he gets convicted if he was to put the conviction off until after testing would he be ok?[/QUOTE]
Tell your dumbass friend to go test if he can find someone to drive him there. He is fucked, but better to pass and have the ticket. If nothing else he gets a free practice run on the test. He should hire an attorney after he passes the test, otherwise, is it really worth it to fight for an AB position. All the details are spelled out in the CFR’s concerning the DUI.
That would suck to be issued a license only to turn around and surrender it.
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Well, holy f***ing shit, how many g-damn threads have there been on this subject already!?!?!? If you have a DUI you are MENTALLY RETARDED and do not deserve to work in this industry. If the USCG happens to give you a second chance you are DAMN LUCKY and should get down on your damn hands and knees and thank GOD ALMIGHTY for your good fortune. If not then you have only gotten what you deserved for your stupidity and your dependence on alcohol. GOOD LUCK.
Get a very very good lawyer who specializes in DUI and fight it hard. Spare no expense to beat it. Tell your lawyer about the license and USCG requirements.
Lots of older sailors (I bet its close to half) have DUIs. It wasn’t a big deal years ago, but it is now. It will follow you for the rest of your life.
I’d test and get the license before any potential conviction.
[QUOTE=PaddyWest2012;133841]Well, holy f***ing shit, how many g-damn threads have there been on this subject already!?!?!? If you have a DUI you are MENTALLY RETARDED and do not deserve to work in this industry.[/QUOTE]
Too bad he isn’t in the Congress, he could claim immunity. With a DUI these days, an elected job is about all there is left and he would be surrounded by other drunks and morons.
[QUOTE=Steamer;133858]Too bad he isn’t in the Congress, he could claim immunity. With a DUI these days, an elected job is about all there is left and he would be surrounded by other drunks and morons.[/QUOTE]
I thought that was a prerequisite.
[QUOTE=injunear;133859]I thought that was a prerequisite.[/QUOTE]
When Jackie Onassis passed away, her former mother-in-law, Mrs. Kennedy, was still alive. Mrs. Kennedy’s handlers came to her that day and gently broke the news of Jackie’s passing to her in her weak and senile state. Mrs. Kenndy’s response was short, but very much to the point: “Oh dear, you said Jackie’s died? I sure hope Ted wasn’t driving!”
Not a specific answer regarding how it affects testing, but as PaddyWest pointed out, there’s a few threads on here about DUIs with some good info from Mr. Cavo among others.
Two I remember off hand, on the first page of search results:
http://gcaptain.com/forum/professional-mariner-forum/14215-steersman-dui.html http://gcaptain.com/forum/professional-mariner-forum/250-dui.html
[QUOTE=PaddyWest2012;133841] If you have a DUI you are MENTALLY RETARDED and do not deserve to work in this industry. If the USCG happens to give you a second chance you are DAMN LUCKY and should get down on your damn hands and knees and thank GOD ALMIGHTY for your good fortune. If not then you have only gotten what you deserved for your stupidity and your dependence on alcohol. GOOD LUCK.[/QUOTE]
Paddy my good man. I would not be so hard on this young lad.
In all honesty, who among us has never driven home with a BAC a tad over 0.08?
Sometimes it’s just the luck (or unluck) of the draw.
To the OP, get a good lawyer and fight the DUI with all you have. Talk to the prosecutor, plea bargain whatever you need to do to avoid a DUI conviction. Plead guilty to speeding, failure to stay in lane, reckless driving, make a charitable donation, volunteer at a homeless or rehab center - but do not accept a DUI !
Never. I have a license, a six-figure salary in a down economy, a career, and family at stake that depends on that. Nevermind the inherent dangers of the offense itself. Taxis, hotel rooms, waiting around, calling in a favor for a DD or place to crash, etc, all are exponentially cheaper and more convenient than risking the aforementioned for such an offense.
Anyone in OPs situation should be glad that there is any recourse short of immediate and indefinite revocation. Use all the legal rights and loopholes you’re entitled to, absolutely, but beyond that you won’t find sympathy here.
A DUI and alcohol dependence don’t always go hand in hand… I’m sure your a perfect angel
Oh please. The statement inferred that everyone here has driven intoxicated. I thought that that should be countered because I personally never have and don’t regard that kind of excuse as acceptable.
But regardless of whether it was a one-time mistake or a dependency problem, it doesn’t change the nature of that act from the point of view of a potential victim or the law. The rules in this industry are well known, and too often the offenders bring a sob story about their careers to this site and ignore the potential tragedies they could have caused.
a DUI is not some career killer. Never caused me any problem.
And no, an arrest is not a conviction. When I say “you,” I mean he/him.
I’m not interested enough to look it up, but if you have already gotten a TWIC, been fingerprinted, they ran you through NDR and NCIC, then just go take the test. They have no reason to screen you again, but do not lie to them or make false entries on any paperwork. Doing either of those last 2 could prove to be way more damaging than a DUI ever will be. I work with a guy right now who sails QMED as a felon convicted and sentenced for grand theft auto. (No not the video game). He will sit for license soon.
This thread was most certainly discussed very recently.
Postpone the hearing as long as possible, plead down if you can, but think about whether you deserve any leniency. Don’t spend a fortune, either. It’s a DUI, not the end of the world. Having your license suspended for 90 days is not that big of a deal if you are out to sea for most of it.
I do not necessarily agree with a previous poster saying never admit/accept a DUI. Be a man, own up up to it.
In some ways I wish I had tried to plead down, but I did not. The night of my arrest I told the arresting officer to stop wasting their time with me and just haul me off. I plead guilty 2 weeks early, never even considered an attorney.
[QUOTE=PaddyWest2012;133841]Well, holy f***ing shit, how many g-damn threads have there been on this subject already!?!?!? If you have a DUI you are MENTALLY RETARDED and do not deserve to work in this industry. If the USCG happens to give you a second chance you are DAMN LUCKY and should get down on your damn hands and knees and thank GOD ALMIGHTY for your good fortune. If not then you have only gotten what you deserved for your stupidity and your dependence on alcohol. GOOD LUCK.[/QUOTE]
Paddy, never known you to be high and mighty. Thought I had that market cornered.
Keep this in mind (for all of you, really)…
.1 and now .08 % BAC are presumptive limits. If someone has a drink or 2 and is stone cold sober enough to pass a field sobriety test of any magnitude to include a trapeze act that person is fine, right?
WRONG.
If that same person gets pulled over for anything and ends up blowing or blood testing equal to or greater than presumptive limit, they are impaired BY LAW. Something as simple as driving a friend’s car with a broken taillight after a drink or 2 can become a nightmare. I am not saying that is what happened to me. I was on an outright multi-bar bender to which I openly admit. Just glad I did not hurt anybody else. That was the old me.
However, it truly is luck of the draw sometimes.
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[QUOTE=themman;133780]Hello everyone i have a question for a freind who isnt a member, he is about to write for his license and has had his application aproved and his date to test is already set but he just got a dui. So the question is can he still take his test seeing how he has been approved? And if cant if he gets convicted if he was to put the conviction off until after testing would he be ok?[/QUOTE]
This future officer needs to man up by accepting what he has done and face the consequences AND do his own damn research.
As it is now, any mariner who, since USCG/DOT instituted .04% BAC, who comes back after a few beers ashore or a day worker who has a few beers during his off hrs from 1700 to 0800 are both in violation of law. Simply because the threshold of .04 is so easily reached. And remember this is a law which provides for lovely no probable cause testing. I’m sure someone will follow this up with a BAC sliding scale of drinks per time period vs body weight and stomach contents.
As a watch stander, it is practically impossible to do it at all and not be in violation.
There are more than a few non problem child mariners who have been targeted by a vindictive capts or chiefs. And those guys lost because they are not as strong as the law or the Alcometer 2000.
0.04 BAC limit for watch standing. That’s not much.
A 200 lb male drinking 3 beers in an hour will exceed that.
Plug in your own numbers here: http://bloodalcoholcalculator.org/
[QUOTE=wafinator;133881]I thought that that should be countered because I personally never have and don’t regard that kind of excuse as acceptable.
[/QUOTE]
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