Legal Question in DUI Law in Iowa

I have a question concerning be able to get a CDL and my records. When I was 17, I was arrested for an alcohol D.U.I. but was not tried because I was a minor, but the DOT recognized the arrest and my license was suspended for 1 year. When I was 19 I was arrested for a D.U.I. and my field sobriety test I blew under .08, but zero-tolerance was enforced and was taken in. The DOT recognized it as a D.U.I. and my license was suspended one year again. I did everything I had to do to get my license back and paid my dues. I have not yet applied for a CDL, but I would like to know if the D.U.I.'s are on my record or not that would prevent me from getting it. The first I was a minor and the second it was thrown out and I wasn't tried for it. If they are on my record how, if possible, can I clear them from my adult record? I am 24 now, coming out of college trying to find a job and I feel I'm getting denied because of my young and dumb history. What can I do to find out if that is on my record? Your help would be greatly appreciated.


Asked on 12/17/10, 7:10 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Unfortunately those records are there to stay-there's very little in the way of expungment of criminal records in Iowa. As far as whether those youthful misadventures bar you from getting a CDL, I am not an expert in those matters. I suggest you call the IDOT at 800-525-9469 or the FMCSA Ames office at 515-233-7400.

You might also want to review the certification for a CDL at http://www.iadotforms.dot.state.ia.us/iowadotforms/BrowseTemplates.aspx?frame=listing&zone;=-21600&&fid;=10&sort=0&desc=0#

and the requirements of 49 CFR 391 under 'disqualifications'.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=2c3321ffaf9d1205b0737eaf6ea7151d&rgn=div8&view=text&node=49:5.1.1.2.34.2.11.3&idno=49

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Answered on 12/27/10, 12:17 pm


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