BAC and driving

Driving of commercial motor vehicles
§ 392.5 Alcohol prohibition.
- Interpretation ("zero" doesn't mean zero )

(a) No driver shall—

(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:
(i) Manifested and transported as part of a shipment; or
(ii) Possessed or used by bus passengers.
​

(b) No motor carrier shall require or permit a driver to—

(1) Violate any provision of paragraph (a) of this section; or
(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.
​

Controlled substances and alcohol use and testing
§ 382.201 Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

§ 382.205 On-duty use.

No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

§ 382.207 Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

 

If you read this closely,the key statement in this,is any measured level of alcohol concentration.It doesnt matter that D.O.T. SAYS .O4.If you drink within 4 hrs of going on duty,regardless of your size,you are going to have a measured level of alcohol in your system.Bottom line.A lawyers heaven.

 

If alcohol is THAT freaking important that you would even consider any in any amount within 10 hours before going on duty then you really need to reconsider your profession.

In this society of law suit insanity and trucks at the top of the target list you aren't just showing bad judgment you're showing a real lack of intelligence using your brain for anything other than a hat rack!

I enjoy (or did) a great beer or nice glass of good wine BUT no where within any time less than 12 hours before going on duty and that's ONLY for 1 glass and with food!

Look at it like this:
Bellydumpers statement that he's having a brew now and going to work later today is well about the stupidest thing I've read or heard a driver say in years! He's also put it on the internet! More about this mistake later!

Heres the scenario for him "later" today!
Yes the following CAN happen so don't BS yourself or any of you as it can happen as Murphys Law says it will!

He has that beer and then heads to work "later."
He gets his truck and load and pulls out of the pit (I take it he does sand, gravel or something with a dump truck)

He turns left across traffic and a car he didn't see hits him and we all know whose fault it is. Someone is either dead or very seriously hurt.

The police arrive and the boss has run out of the yard or pit or gets there and as the paper work is getting done the officer walks up and tells you "Time to do a roadside sobriety test" just for HaHas and when it comes time to blow you do and the needle moves. OK, it moves to .01 or maybe even .02 BUT it moved. OR the boss sends you to the clinic for a pee and or blood test.
It comes back with the same results.. Yes it was ONLY .01% or .02% BUT it's a percent and the next thing you know you're in some lawyers office getting grilled and then on to court and your arse is GRASS!

First you drive a big arsed target called truck. It's known to be worth in any law suit a million dollars easy!

Second: Your arse is now worth sand! Your name will be in that thing called HireRightDAC, in a court proceeding which your MVR will point at and you'll #3 NEVER drive a truck again! #4 might get sued also by those same lawyers and lose everything you own. #5 might not get that last paycheck as the boss is going to need it more that you think you do. #6 have screwed your life up and not to mention if married with kids their lives!

All that for a stupid freaking drink.

OR you walk into the shop and the boss has the inevitable random urinalysis or BAC test and it has your name on it and there is a small company rule that there is no alcohol consumption before coming to work and you've already punched the clock and you go down "thinking," I'm ok it was a few hours ago and I'm a big guy" and blow a .01% and boss man comes unglued. You lose your job. He reports it as a failed BAC test to maybe DAC if a member or when your hopeful new company calls as per FMCSA rules say they must to verify your previous 10 year work history and well THEY don't want any part of you as it's now proven history that you have a "drinking problem" (yes you might have bad judgment but it WILL be called a "problem") and as most companies are, they want no part of the law suit you could become (you did read the above didn't you?) so now that high dollar piece of plastic called a license is good only as a key incase your wife changes the locks on the house for being stupid!

Company rules will cause you to be a deader in trucking.
Just because it says .04% a jury can decide otherwise and differently.
A GOOD lawyer can settle out of court which is just as bad.
and from above...Bellydumper put something on the internet that will NEVER go away! Many people think you can delete a post but it's still there! A GOOD lawyer will have a GOOD computer forensic scientist and they WILL go on a search and this post could be found and linked to him.

If the above were to happen and I do pray that it doesn't if it did that is about the best ammunition a lawyer would need to bury anyone under a jail or completely ruin a life with or help to ruin it as for some reason thinking a brew now and drive a CMV later in the day is a smart move! I'm glad he's about 6 hours from my area!

But as you sit there look at that brew and ask or wonder...
are you really worth it?
Is a cheap high worth it?

If you answered yes to either of these go seek some help or ask for an arse kicking to kick some smarts in that brain you sit on! You DO have a problem!

There is always a better time as in not having to work after drinking that thing and there is ALWAYS a weekend where you can sleep it off and work it off before turning the key on that weapon!

Also: FMCSA 382.205 and 382.207 can be used to override 382.201 if you read them slowly and really understand what those two say compared to 382.201.
I saw it used in a case in Atlanta a few years ago and the driver lost with a .02% BAC 1/2 of what 382,201 says is "legal"

IMHO you asked and you've been answered. There is an old saying. Advice is given freely. What you do with it is how much you think it's worth! I know I'm a hard arse but 3 million miles + and 32 years I have learned a few things, seen many and wish I haven't seem many more! Accidents due to alcohol being one of the things I wish I could erase from my mind. I've responded to several and had to stop and help in others.

 

Drinking within four hours of going on-duty would be a violation; so, not advisable (and I don't think anyone was suggesting it is).

392.5(a)(2) and 382.201 appear to be contradictory because the first says, "No driver shall... have any measured alcohol concentration... while on duty..." and the second says, "No driver shall report for duty or remain on duty... while having an alcohol concentration of 0.04 or greater." But, seeing as 392 pertains to Driving of commercial vehicles, then being on-duty, but not for the purpose of driving, while having a BAC of less than 0.04 (assuming no alcohol use within four hours of going on duty) would be okay.

Also, the FMCSA interprets "measured alcohol concentration" as less than 0.02 BAC.

 

This is always such a fun topic to discuss.

 

It can get as lively as the question about guns in a truck!
Both of those questions are those what ifs that can bite the crap out of you!

But PLEASE! lets keep it on alcohol as there are a few threads too many on both of the subjects! LOL

 

382.205 and 382.207 do not "override" 382.201, they are for completely seperate issues:

• 382.201 Alcohol concentration (BAC must be less than 0.04),
• 382.205 On-duty use (may not use alcohol while performing safety-sensitive functions), and
• 382.207 Pre-duty use (may not perform safety-sensitive functions within four hours after using alcohol).

It is usually about this time that I have to insert my disclaimer:

I am not condoning, nor condemning, the use of alcohol, but it is important that drivers know what the regulations are (you all do have your copy of the little green book, right?). And being adults (mostly), each of us should make prudent decisions regarding the use of alcohol within the framework of regulations, working conditions and circumstances, company policies, and our own health and well-being.

 

????? What do you call on duty? There are two lines with the words on duty on them.

One says On Duty not driving so would either of those really apply

One of those lines says "on duty driving."

Am I correct? Or have I been away long enough to forget what they are?

How do you figure that .205 and 207

BOTH lines are safety related functions!
Driving is about the biggest "safety function" there is in well DRIVING!

And line 4 on duty not driving any thing that you do on that line is SAFETY FUNCTION RELATED! Everything from a PTI, loading, securing the load to doing some paper work is a safety related thing and even being ON DUTY can be considered a safety related function.

OK, sitting around a table waiting for a dispatch in the union shop isn't or waiting while on line 4 while the truck is in the shop isn't, but how many companies out there that you in your no answer to time driving have you seen that even allows you to be "clocked in" while under the influence? The only ones I've seen and done were bouncing in a bar! And I've heard that working in a brewery as a taste tester has a few perks but as far as I've ever seen, the only time any boss of mine allowed drinking on the yard was during a holiday before we all headed to the house or the bunk for a good nights sleep!

If it's on the log it's a safety function as everything around a truck needs to be done safely!

It's still a judgment call on how you do anything while drinking....OH what am I thinking! That was about as stupid as me saying "here hold my beer and watch this!" Someone is heading to a hospital!

 

Being on-duty with a measurable BAC less than 0.04, but not drinking while on-duty and not having used alcohol within four hours of going on-duty, complies with 382.201, 205 and 207. None of those three makes any mention of driving (they are copied in their entirety in my post). 392.5 (also in my post) lays out the alcohol prohibition as it pertains to driving a commercial vehicle.

The FMCSA defines a "Safety-sensitive function" as:

 

Real simple at my carrier... no tollerance.

What you do off duty is your business - but on duty any hint of alcohol in your system is grounds for termination.