DUI - what happens?

I was 18 when I got a dwi and got a pre trial diversion. Deferment isn’t an option in tx. Still had to do the probation and mad moms meetings and if you complete the diversion it means that you are not CONViCTED, jobs would of course be able to see that you were arrested for it though… Also apparently you can freeze your public files, aka expungement after you complete the diversion. I let the coast guard know right off the bat that I had been arrested but not charged and took positive actions towards my future. If u are a mariner and find yourself in the DUI/ DWI situation, I highly recommend looking into this.

Too bad our elected officials did not get the same level of scrutiny we mariners do !

rt[QUOTE=Too bad steam is gone;103866]Too bad our elected officials did not get the same level of scrutiny we mariners do ![/QUOTE]
Yea, looks like it takes an elected official getting caught in an airport shit house doing something naughty.

[QUOTE=Sweat-n-Grease;103868]rt
Yea, looks like it takes an elected official getting caught in an airport shit house doing something naughty.[/QUOTE]

There was a Texas Legislator that was bagged for DWI a few weeks ago and she got a standing ovation in the House in Austin. Yeah, what?

This article kinda minimizes what happened in the Texas House:

http://www.elpasotimes.com/newupdated/ci_22816576/state-rep-naomi-gonzalez-speaks-after-arrest?source=most_viewed

There is another aspect for Great Lakes sailors. Canada considers a DWI a felony. A bunch of companies won’t hire you if you have a DWI within the last 10 years because Canada will refuse you entry into the country. Never mind that you won’t be going ashore while the ship is loading or unloading, that doesn’t matter. Guys have been pulled off ships in handcuffs and escorted to the nearest border crossing back to the US.
All that being said, there is a way around the nonsense. You have to apply for a Temporary Resident Visa. It can cost anywhere upwards from about $800.

[QUOTE=seadog6608;103887]There is another aspect for Great Lakes sailors. Canada considers a DWI a felony. A bunch of companies won’t hire you if you have a DWI within the last 10 years because Canada will refuse you entry into the country. Never mind that you won’t be going ashore while the ship is loading or unloading, that doesn’t matter. Guys have been pulled off ships in handcuffs and escorted to the nearest border crossing back to the US.
All that being said, there is a way around the nonsense. You have to apply for a Temporary Resident Visa. It can cost anywhere upwards from about $800.[/QUOTE]

Gotta love that logic. “You US Felon, GET OUT”, or “Oh, welcome to Canada and thank you for the cash”. . . .

Funny thing is, My ex is Canadian. I get the logic. . . .

[QUOTE=“seadog6608;103887”]There is another aspect for Great Lakes sailors. Canada considers a DWI a felony. A bunch of companies won’t hire you if you have a DWI within the last 10 years because Canada will refuse you entry into the country. Never mind that you won’t be going ashore while the ship is loading or unloading, that doesn’t matter. Guys have been pulled off ships in handcuffs and escorted to the nearest border crossing back to the US.
All that being said, there is a way around the nonsense. You have to apply for a Temporary Resident Visa. It can cost anywhere upwards from about $800.[/QUOTE]

That is a true story. I saw it happen on an ATB I was on. We were on an asphalt run from NY/Philly to St John New Brunswick Irving Docks.

They took the chief, assistant, and deckhand off the boat before we went over. All 3 had bad dwi’s from way back, but canada didnt care. Really, who would wanna stay, other than hockey and beer, theres nothing there.

[QUOTE=BargeMonkey;103923]They took the chief, assistant, and deckhand off the boat before we went over. All 3 had bad dwi’s from way back, but canada didnt care. Really, who would wanna stay, other than hockey and beer, theres nothing there.[/QUOTE]

Yeah…even Tim Horton’s sucks these days. I do like Vancouver, though.

[QUOTE=“sail2surf2004;1456”]<P class=MsoNormal style="MARGIN: 0in 0in 0pt]<span style="FONT-SIZE: 12pt]<span style="font-family: Times New Roman;]When I was going to the Academy, there was a guy that got a DUI right after passing the 3<SUP>rd</SUP> Mates test. The Coast Guard refused to give him his license. That also meant he couldn’t graduate!!! <span style="mso-spacerun: yes] </span>I’ve heard you can have a hell of a time renewing or upgrading after that. I’m pretty sure you have to wait 5 years. <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /><o:p></o:p></span></span></P>[/QUOTE]

I think I remember that happening…didn’t he take out a couple of cars in the parking lot too?

and you wonder why the GoM is filling up with foreign mariners

Many DUI or DWI reductions are to reckless driving. I was told by USCG in 99 to try to make sure my DWI plea was to a lesser offense then reckless driving as they look at that conviction the same as a DWI.

Again this was 99 but not such an issue for first time offense, but learn the lesson and never get one again if you don’t want to be out of work for a year minimum.

[QUOTE=britt9080;103863]I was 18 when I got a dwi and got a pre trial diversion. Deferment isn’t an option in tx. Still had to do the probation and mad moms meetings and if you complete the diversion it means that you are not CONViCTED, jobs would of course be able to see that you were arrested for it though… Also apparently you can freeze your public files, aka expungement after you complete the diversion. I let the coast guard know right off the bat that I had been arrested but not charged and took positive actions towards my future. If u are a mariner and find yourself in the DUI/ DWI situation, I highly recommend looking into this.[/QUOTE]

See 46 CFR 10.107, for Coast Guard purposes, “conviction” is defined as:

Conviction means that the applicant for a merchant mariner credential has been found guilty, by
judgment or plea by a court of record of the United States, the District of Columbia, any State,
territory, or possession of the United States, a foreign country, or any military court, of a criminal
felony or misdemeanor or of an offense described in section 205 of the National Driver Register Act of
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no contest, is granted deferred
adjudication, or is required by the court to attend classes, make contributions of time or money,
receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court’s
conviction, then the Coast Guard will consider the applicant to have received a conviction. A later
expungement of the conviction will not negate a conviction unless the Coast Guard is satisfied that
the expungement is based upon a showing that the court’s earlier conviction was in error.

In a program like you went through, it’s not as simple as you make it out. Whether it’s a conviction will depend on who orders and administers the program. If it’s by Court order, it meets thedefinition above for a “cobnviction.” If it’s run by the DA or prosecutor, it’s considered part of the prosecurtor’s discretion on what cases to dismiss, and which to prosecute and would not be a conviction.

As specified in the definition above, freezing or expungement of files does not remove a conviction. It only shields the conviction from public record. It;'s still a conbviction and disclosable to law enforcement agencies.

[QUOTE=beekerbetter;103946]Many DUI or DWI reductions are to reckless driving. I was told by USCG in 99 to try to make sure my DWI plea was to a lesser offense then reckless driving as they look at that conviction the same as a DWI.

Again this was 99 but not such an issue for first time offense, but learn the lesson and never get one again if you don’t want to be out of work for a year minimum.[/QUOTE]

Reckless driving might still be better. If it’s DUI, 46 CFR 10.213(f) applies:

If an applicant has one or more alcohol or dangerous drug related criminal or NDR-listed convictions, if the applicant has ever been the user of, or addicted to the use of, a dangerous drug, or if the applicant applies before the minimum assessment period for his or her conviction has elapsed, the Coast Guard may consider the following factors, as applicable, in assessing the applicant’s suitability to hold an MMC. This list is intended as a guide for the Coast Guard. The Coast Guard may consider other factors, which it judges appropriate to a particular applicant, such as:

(1) Proof of completion of an accredited alcohol or drug abuse rehabilitation program;
(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous;
(3) Character references from persons who can attest to the applicant’s sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers;
(4) Steady employment; and
(5) Successful completion of all conditions of parole or probation.

[QUOTE=powerabout;103939]and you wonder why the GoM is filling up with foreign mariners[/QUOTE]

That’s not why and you know it.