This past weekend i managed to obtain a D.U.I. My next question is will it disqualify me feom upgrading my steersman license to a mates license. I know a few captains on the river with the same charge but they already had their license at the time. Does anybody know if I will be ok or not?
I donât want to say it will kill your chances, but be prepared to wait a while! Coast guard likes to see you sweat it out on that issue! I know from experience! Passed my 100 ton in 05 and went out to celebrate, picked up a DUI and didnât get actual license until 07! Hope this helps!
You better lawyer up, man. The key to beating any charge is delay, delay, delay. That costs money. Lawyer up and good luck.
Not necessarily, when you hypothetically deal with it In 4 years right before youâre due to renew rather than right away it can come back and bite you too. Best bet is to get a decent lawyer and a license consultant to work together on the best course of action, both sides of the law look at it in different perspectives.
While I donât disagree with sea dog, the key is simply upgrading before you go to court.
Unless the paperwork has changed, youâre not being asked about arrests, rather convictions. And I donât see the NCIC or the NDR turning up an arrest for a misdemeanor.
A guilty plea for a misdemeanor is not going to ruin your life or kill your USCG license pursuits. But you most certainly need to decide whether you want to spend a lot of money on this. If you think you can plead it down to wreckless driving and a fine, go for it.
Thatâs what I should have tried. Iâve never had any problems with USCG. Just be honest the first time and then tell them the same thing every time the issue is addressed.
-
-
- Updated - - -
-
[QUOTE=z-drive;131447]Not necessarily, when you hypothetically deal with it In 4 years right before youâre due to renew rather than right away it can come back and bite you too. Best bet is to get a decent lawyer and a license consultant to work together on the best course of action, both sides of the law look at it in different perspectives.[/QUOTE]
Maybe things have changed, but I upgraded from chief mate to master (5 yrs after court) without so much as a hiccup. Never had any problems getting red book, renewing, adding endorsements, etc.
I just send them the exact same explanation every time.
Yes, as you had time between court and the upgrade. If you donât pay attention to the dates and put it off to say a few months before you have to renew, it can bite you in the ass for waiting. Depends situation by situation, if its the first one they seem to be pretty lenient.
Definitely do the paperwork before court if you can though, easiest way out.
[QUOTE=jtfaulk3482;131401]This past weekend i managed to obtain a D.U.I. My next question is will it disqualify me feom upgrading my steersman license to a mates license. I know a few captains on the river with the same charge but they already had their license at the time. Does anybody know if I will be ok or not?:([/QUOTE]
If you will upgrade after a conviction is entered, it will cause some problems. A single DUI conviction calls for an âassessmentâ or waiting period of one year from the date of conviction (the conviction, not the arrest). This doesnât mean you canât apply in this period, but if you do, you will need to show a lot more information. From 46 CFR 10.213(f):
(f) 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 applicantâs 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 applicantâs 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.
If you canât show this information, you will need to wait out the full one year assessment period.
Note that a âconvictionâ for Coast Guard application purposes is broader than being found guilty. It includes all sorts of probation and deferred judgement sxcenarios. Check the definition of âconvictionâ in 46 CFR 10.107, it also appears on the license application section asking about convictions:
[I]Conviction[/I] 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). [U]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 courtâs conviction, then the Coast Guard will consider the applicant to have received a conviction[/U]. 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 courtâs earlier conviction was in error.
[QUOTE=seadog6608;131442]You better lawyer up, man. The key to beating any charge is delay, delay, delay. That costs money. Lawyer up and good luck.[/QUOTE]
See my post above. Delay could be a very bad tactic. Delays will push the one-year assessment period down the road, it doesnât start until the matter is resolved with the Court. Getting it resolved quickly [U]might[/U] be better. Also, I have seen some laweyers make things worse from failing to properly research the implications of the deal they negotiate with the prosecutor. See the definition of âconvictionâ I quoted from 46 CFR 10.107. If your lawyer fails to note this, they could muck things up for you. If you seek a lawyer, make sure they are aware of this regulation and its impact on your livelihood.
[QUOTE=Johnny Canal;131448]âŚMaybe things have changed, but I upgraded from chief mate to master (5 yrs after court) without so much as a hiccup. [/QUOTE]
See above, the âassessment periodâ is only one year. In your case, it was over by the time you applied for the upgrade.
[QUOTE=JLS;131421]⌠Coast guard likes to see you sweat it out on that issue! [/QUOTE]
Not the Coast Guard, Congress. Everything I discussed above came from the OPil Pollution Act of 1990 (OPA 90) following the Exxon Valdez grounding.
I will also add if your company does trips to Canada you will not be eligible unless it is dropped to a lesser charge. A DUI puts you out of going to Canada for quite some time.
[QUOTE=rshrew;131482]I will also add if your company does trips to Canada you will not be eligible unless it is dropped to a lesser charge. A DUI puts you out of going to Canada for quite some time.[/QUOTE]
Out of Canada Forever. Unless you can get a Canadian pardon.
Itâs all at the border agents discretion, but you can normally get a visa in advance for $. On a boat, wouldnât even bother though. DENIED!
Thanks for the advice! My lawyer said I should be able to get it knocked down to a reckless operation by this being my first oneâŚ
True story. Dont bother the Canadians have held a few of our boats up over this sort of stuff. Felons and DUIs are not welcome in the great white north.
Call a good license consultant and find out. Spend some money on a good lawyer and fight it. Hate to say it but I still cant figure out how people in our industry, with so much to lose still do the dumbest fucking things. I have a âclass A cdlâ on top of a license, so im .04 instead of .08 in NY, I will crawl before I even think of driving.
Some mariners got records before going to sea. Canada doesnât seem to care if the offense was 1 year ago, or 20 years ago. Lengthy process to get charges expunged. Involves going to an embassy and jumping through more hoops from what I understand.
What I meant by delay, delay, delay, is to have the lawyer get continuances before the actual trial. Memories fade. The key here is to try to beat the charges. Do you have medical conditions which could make it seem you were drunk. Was the weather shitty when you did the roadside agility tests. Have your lawyer challenge everything the cops have done from the reason given for initial contact with you right on up to challenging the accuracy of the breath analyzer.
And hey BargeMonkey, I have the same CDL Class A. .04 at all times regardless of what you are driving.
-
-
- Updated - - -
-
[QUOTE=MFOWelectrician;131649]Some mariners got records before going to sea. Canada doesnât seem to care if the offense was 1 year ago, or 20 years ago. Lengthy process to get charges expunged. Involves going to an embassy and jumping through more hoops from what I understand.[/QUOTE]
Canada considers a DWI to be a felony. Friggin beer swilling hypocrites.
When I worked on the Lakes, more than once I was questioned about the DWI I got in 1982! and whether or not I had ever been arrested since. I always say the same thing. âNo! Once was enough.â
A certain lakes based tug company had to pull the chief, assistant, 1 tankerman and the deckhand one trip while I was there due to the âCanadaâ thing. Yeah having a ticket and a class A license makes you a target at all times, 2 beers and you can kiss it all goodbye. I was up north the other day⌠oh god the snow up by you âseadogâ. Forget about syracuse north⌠lol.