What is considered acceptable documentary evidence of a non-conviction for driving under the influence (DUI) in a commercial motor vehicle (CMV)?
Part 382 – Controlled Substances and Alcohol Use and Testing
Question: What is considered acceptable documentary evidence of a non-conviction for driving under the influence (DUI) in a commercial motor vehicle (CMV)?
Guidance: As set forth in 49 CFR 382.717(a)(2)(i), a driver who has received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances that did not result in a conviction may petition that FMCSA add documentary evidence of a non-conviction to their Clearinghouse record. This documentation may, for example, include a certificate of disposition from the court, a letter from a prosecutor stating that the charge has been dropped, or a screenshot from a court online docket system that displays the disposition. A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence as described above.
FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207
Regulatory Topic: Clearinghouse FAQ
Published Date: January 28, 2022
Issued Date: January 28, 2022
Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way. It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.