# New Licensed EMT with a DUI on Driving Record but, Never Convicted



## Bighurk (Jun 7, 2011)

Hey guys, sorry for posting anything like this on this forum but I've searched all over Google and other forums with no luck and I know some of you have had DUI experiences or know of a co-worker who had a DUI in the past... Please don't put me down. I graduated the EMT program back in December 2010 and recently became license and am now working as an EMT at a theme park.  

I was arrested for a DUI and Possession of Controlled Substance (UNTRUE) in August of 2009. The drug part: Empty bag of protein Powder. I was detained at the Police Station and later released around 5 AM. The police officer had me do a field sobriety check and I had no problem with it and then he made me do a breathalyzer which according to him was a 0.11 I never even looked at breathalyzer and a couple of hours later he made me do another breath test and after that I did a blood test. All this was 2 years ago.

I called DMV in April to see if I can get the DUI off my driving record since I was never convicted and the person on the phone had told me that if I can get a letter from the police dept saying that it was an unlawful arrest then they would be able to take it off my record. After that, I asked a the police station and they told me to contact the detective and everything but with no luck then I was sent to the supervisor of the Records Bureau and they had told me to sign a petition to seal my record (Penal Code 851.8) and then once approved they can seal up my criminal record.

I called DMV again today and they told me that there was no way to take the DUI off my record and I had to wait 13 years for it to come off because I admitted to the DMV hearing. The reason for that was because I didnt now what to do at that point 2 years ago and had thought that's how I can get a restricted license. 

I know I screwed up big time for even driving in the first place but I really need some help, I am afraid that with that on my record, no ambulance companies will take me in for another 2-3 years. At this point I do not have a job and with no experience with anything else but a certification in EMT. 

Does anyone have any experience with this or know of a way in which I can clear up my DMV record? Please reply to this post or contact me via PM.

Any help from someone is much appreciated! Thanks!


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## TransportJockey (Jun 7, 2011)

To be honest, no, you won't find an ambulance service that will hire you in all liklihood. Good luck.


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## Chimpie (Jun 7, 2011)

You will need to contact a lawyer. 

As for advice, our rules state:


> No Legal Advice or Attorney-Client Relationship
> Information contained on or made available through EMTLife forums is not intended to and does not constitute legal advice, recommendations, mediation or counseling of any kind under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from EMTLife Message Boards without consulting with a licensed attorney.


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## Bighurk (Jun 7, 2011)

Chimpie said:


> You will need to contact a lawyer.
> 
> As for advice, our rules state:



Sorry.


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## HotelCo (Jun 7, 2011)

There are guys around here with DUIs on their record (convicted) that are employed. And yes, they can drive the rig. One just got hired with a fire department in an affluent local community. 


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## ArcticKat (Jun 7, 2011)

Some companies may prohibit you from driving the ambulance for a period of time beyond your licence suspension, other than that, a DUI shouldn't be a prohibition from working in the back.


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## Bighurk (Jun 7, 2011)

ArcticKat said:


> Some companies may prohibit you from driving the ambulance for a period of time beyond your licence suspension, other than that, a DUI shouldn't be a prohibition from working in the back.


But here is the thing, in my county, there are 2 EMTs on the BLS rig and 1 EMT / 1 Medic in the ALS rig. They are all required to drive.   It is very unfortunate that I made this mistake 2 years ago, as of now, I am going to try my hardest to become an EMT.


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## TransportJockey (Jun 7, 2011)

In NM any vehicle that someone convicted of a DUI MIGHT drive at work or home, is required to have a breathalyser interlock installed, which means NM services will NOT hire anyone with a DUI


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## Aerin-Sol (Jun 7, 2011)

Bighurk said:


> But here is the thing, in my county, there are 2 EMTs on the BLS rig and 1 EMT / 1 Medic in the ALS rig. They are all required to drive.   It is very unfortunate that I made this mistake 2 years ago, as of now, I am going to try my hardest to become an EMT.



So suck it up and work for a private company.


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## HotelCo (Jun 7, 2011)

Bighurk said:


> But here is the thing, in my county, there are 2 EMTs on the BLS rig and 1 EMT / 1 Medic in the ALS rig. They are all required to drive.   It is very unfortunate that I made this mistake 2 years ago, as of now, I am going to try my hardest to become an EMT.



Don't give up. Get your medic, you'll be more appealing to prospective employers. 


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## HotelCo (Jun 7, 2011)

Aerin-Sol said:


> So suck it up and work for a private company.



Or a Fire Department, county, third service, flight, international service, ER, etc. 

You're not limited to the privates, just because of a DUI. 


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## ArcticKat (Jun 7, 2011)

If you were never convicted, then how is this a problem?  It shouldn't be on your record.


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## Bighurk (Jun 7, 2011)

Aerin-Sol said:


> So suck it up and work for a private company.



I never said I wouldnt work for a private company, I just need to find one.



HotelCo said:


> Don't give up. Get your medic, you'll be more appealing to prospective employers.
> 
> 
> Sent from my iPhone using Tapatalk



I don't want to go to medic school just yet, I would like to gain some exp. as an EMT first before starting.



Anyway, thanks.


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## Bighurk (Jun 7, 2011)

HotelCo said:


> Or a Fire Department, county, third service, flight, international service, ER, etc.
> 
> You're not limited to the privates, just because of a DUI.
> 
> ...



I know. I know there are other options besides EMT on a rig. Thanks



ArcticKat said:


> If you were never convicted, then how is this a problem?  It shouldn't be on your record.



It is because the DUI is on my Driving Record, just not my background.


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## Flight-LP (Jun 7, 2011)

HotelCo said:


> Or a Fire Department, county, third service, flight, international service, ER, etc.
> 
> You're not limited to the privates, just because of a DUI.
> 
> ...



Unfortunately, the odds are not in the OP's favor. Supply and demand in many places provide an ample number of Paramedic candidates that have a clean record. Flight and International especially, most of whom will not remotely consider an applicant with a DUI. from personal experience I can share that when I was a manager and hired flight medics or nurses, those with a criminal record were not even interviewed. Most international firms cannot hire anyone with a criminal record based on the potential job location and visa requirements with the host nation.

That's at the Paramedic level, EMT's are a whole different ball game. There are WAY too many candidates without a criminal record that are available to employers to even remotely consider an EMT with a current record. 

OP, continue your education. Get your medic and allow time to heal any blemishes on your record. Be understanding of the reality of your situation, but don't give up and don't give in.


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## bigbaldguy (Jun 8, 2011)

ArcticKat said:


> If you were never convicted, then how is this a problem?  It shouldn't be on your record.



The arrest will still show up if they pull his driving record and the arrest will show up on his criminal record. Talk to a lawyer, there are ways of removing things from your permanent record but it takes money.


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## ArcticKat (Jun 8, 2011)

Hmm, interesting.  Our arrests are on our records, but cleared if there is not a conviction.


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## Bighurk (Jun 8, 2011)

Flight-LP said:


> Unfortunately, the odds are not in the OP's favor. Supply and demand in many places provide an ample number of Paramedic candidates that have a clean record. Flight and International especially, most of whom will not remotely consider an applicant with a DUI. from personal experience I can share that when I was a manager and hired flight medics or nurses, those with a criminal record were not even interviewed. Most international firms cannot hire anyone with a criminal record based on the potential job location and visa requirements with the host nation.
> 
> That's at the Paramedic level, EMT's are a whole different ball game. There are WAY too many candidates without a criminal record that are available to employers to even remotely consider an EMT with a current record.
> 
> OP, continue your education. Get your medic and allow time to heal any blemishes on your record. Be understanding of the reality of your situation, but don't give up and don't give in.



Thank You! I currently don't have anything on my criminal record, would I still not be able to do flight EMT?



bigbaldguy said:


> The arrest will still show up if they pull his driving record and the arrest will show up on his criminal record. Talk to a lawyer, there are ways of removing things from your permanent record but it takes money.



I will try to look into it, thanks.


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## Flight-LP (Jun 8, 2011)

Bighurk said:


> Thank You! I currently don't have anything on my criminal record, would I still not be able to do flight EMT?



It may still cause an issue. Most flight services will run a complete background check, including a driving records. As such, it will show up. In addition, many services based out of airports are increasing their security to require background checks for airport access. It may cause an issue there as well.

EMT's typically do not work in an aviation environment. Honestly, there is no need. As a Paramedic, your application will be up against some stiff competition. When you have flight services turning down applicants with great experience and credentials due to the competitive nature of the industry, then a DUI on a driving record is really going to hurt you.

But, alas, times can and typically do change. Again, keep your head up, learn from your mistakes, and carry on...............................


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## Bighurk (Jun 8, 2011)

Flight-LP said:


> It may still cause an issue. Most flight services will run a complete background check, including a driving records. As such, it will show up. In addition, many services based out of airports are increasing their security to require background checks for airport access. It may cause an issue there as well.
> 
> EMT's typically do not work in an aviation environment. Honestly, there is no need. As a Paramedic, your application will be up against some stiff competition. When you have flight services turning down applicants with great experience and credentials due to the competitive nature of the industry, then a DUI on a driving record is really going to hurt you.
> 
> But, alas, times can and typically do change. Again, keep your head up, learn from your mistakes, and carry on...............................



Thanks! That's just what I needed to hear.


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## mspazz (Jun 11, 2011)

Your driving record should so OWI test failure/refusal but not a conviction.  Get an attorney, it's the only way you're going to get that off your record..


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## phideux (Jun 11, 2011)

In your first post you said you admitted it at a hearing so you can get a restricted license. Was this your actual DUI hearing, and did you plead guilty?  If so, same thing as being convicted. It'll always be there.


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## IAems (Jun 11, 2011)

*Well I can't speak for everywhere but*

I've known three people in California who've had DUI's in their past, either "cleared up" or otherwise.  When they apply for the Ambulance Driver's License, the DMV tells them it will be no problem but after months and months of waiting for their license in the mail it never comes.  When they call about it, the DMV blames it on "processing" and after a few calls and a few years, these guys got the hint.  But, hey, that's California.  I will say this, California or not, this is a transportation industry and you will be pretty difficult to insure as a driver.  I worked as an attendant-only for about a year or two and found my options were very limited.  Who knows though, maybe you'll have more luck. Tell you what, ER's don't care if you can drive. Maybe try for ER tech?


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## Bighurk (Jun 11, 2011)

phideux said:


> In your first post you said you admitted it at a hearing so you can get a restricted license. Was this your actual DUI hearing, and did you plead guilty?  If so, same thing as being convicted. It'll always be there.



It was my DMV Hearing. The criminal court had never sent me letters, nor called about the case. I went down to the PD and asked about my record, they told me to contact the detective, after many calls and leaving messages on his voicemail, I have never gotten a call back. Then I had talked to the supervisor in the records bureau and he told me to petition for a record seal which would take it off my criminal record (Penal code 851.8).



IAems said:


> I've known three people in California who've had DUI's in their past, either "cleared up" or otherwise.  When they apply for the Ambulance Driver's License, the DMV tells them it will be no problem but after months and months of waiting for their license in the mail it never comes.  When they call about it, the DMV blames it on "processing" and after a few calls and a few years, these guys got the hint.  But, hey, that's California.  I will say this, California or not, this is a transportation industry and you will be pretty difficult to insure as a driver.  I worked as an attendant-only for about a year or two and found my options were very limited.  Who knows though, maybe you'll have more luck. Tell you what, ER's don't care if you can drive. Maybe try for ER tech?



I have in fact gotten my Amulance Drivers license and am now an EMT at a water park, however, the tough part is getting hired by an ambulance company. As with the ER technician, that is my Plan B.


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## IAems (Jun 12, 2011)

*Why should ER tech be a back up?*

Best case scenario, you're on an IFT truck with no upward mobility.  If you work in a ER, you'll get paid more, you'll see more action, and you'll get medical advice from emergency room nurses and doctors.  

Work your way up to paramedic and you'll maybe have more luck.  I know that there are some spots in California where the paramedic isn't even _*allowed*_ to drive when working with an EMT, (as their protocols state that the higher medical authority should always be the one providing patient care).  I know several _*Paramedics*_ that don't even have an Ambulance Driver's License.  EMT-Basic is a whole other thing (pretty much all we do is assess and drive at a certain speed corresponding with our assessment).  Again, this is California specific, but best scenario right now is to try to get an ER gig.  I wouldn't consider it a back up.  I'd consider it the best route to becoming a paramedic on an ambulance.

Either way, best of luck.


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## fortsmithman (Jun 12, 2011)

ArcticKat said:


> If you were never convicted, then how is this a problem?  It shouldn't be on your record.





ArcticKat the laws in the USA aren't like ours in Canada.  In Canada the federal parliament is the only body authorized by our constitution to enact criminal legislation.  Whereas in the USA in it up to the individual state legislatures to enact criminal law.  Here in Canada only if you are convicted will there be any indication of a criminal when a CPIC (Canadian Police Information Centre) check is done.


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## fortsmithman (Jun 12, 2011)

Bighurk said:


> It was my DMV Hearing. The criminal court had never sent me letters, nor called about the case.



Here in Canada our provincial/territorial DMV's do not hold DUI hearing only provincial/territorial courts can.  Sometimes either supreme, superior or Court of Queen's Bench (depends on the province or territory) can if the accused pleads not guilty and so elects to be tried that way.


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