Blood Alcohol when driving personal vehicle

Discussion in 'Experienced Truckers' Advice' started by calmar_1955, Jul 19, 2007.

  1. calmar_1955

    calmar_1955 Light Load Member

    54
    9
    Jun 23, 2007
    Iowa
    0
    I don't blame the skeptics about this topic. Therefore, I offer this suggestion. The next time one of these very special individuals stop you for your autograph, bring it up in conversation. After all, they will know and they have the .9mm on the hip, I don't.

    My son is a City of Dubuque Police officer.

    I don't drink, and I hate drunk drivers, unless they're sitting on the edge of the road with some flashy red/blue lights behind them. Then I think they're funnier 'n Hell.

    TRUE STORY - Yesterday on WCCO-AM, Mpls, MN, the announcer read a news report of police called to a bar for a disturbance. While there, finding no scuffle going on, however, one drunk, smart-jerk patron picked up his cell phone and dialed 9-1-1. He asked 9-1-1 for immediate help because he was in such-and-such bar, surrounded by police. The cops were there, witnessing his stupidity. He was cited for abuse of the 9-1-1 system. I believe this took place in Largo, FL. Sooo funny! They get what they deserve.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

    18,677
    43,103
    Sep 18, 2006
    the road less travelled
    0
    What does your son say about it as a police officer?
     
  4. Bullwinkle

    Bullwinkle Medium Load Member

    594
    29
    Jun 11, 2006
    Texas
    0
    Yep, that is the way I understand it to be. I am sure there are plenty of times in my life that I could have been busted for being over the .04, never while driving a truck though.
     
  5. Calinn

    Calinn Bobtail Member

    42
    9
    Apr 15, 2007
    Columbia, KY
    0
    I know Kentucky has that little piece of info printed in the CDL study manual. In Kentucky the legal limit is .08 but if you hold a CDL it becomes .04 no matter what you are driving. They even include ATV's, horses and bicycles as vehicles here.

    There have been at least three people lately who have gotten DUI's on horseback.
     
  6. truckerjaw

    truckerjaw Light Load Member

    121
    6
    Feb 6, 2007
    0
    Just so I don't have to type it all out this is exactly what the law is in CA. Not sure where the one poster got the .01. Best case is just not to drink and drive at all.
     
  7. crazymama

    crazymama <strong>The Gardener</strong>

    142
    9
    Jul 14, 2007
    Kansas City Missouri
    0
    I don't know where I read it, but I did already read that about being held to a higher standard. It won't be difficult to check out.

    Frankly I think alcohol is crap and that everyone ought to leave it alone. I don't need to alter my mental state to enjoy my life or have fun.

    Suzi
     
  8. BobC

    BobC Medium Load Member

    409
    57
    Jul 8, 2007
    Cincinnati, slOhio
    0
    Perhaps I don't understand the question here.

    If you have a CDL & get caught with alcohol in your system while driving your personel vehicle, you are subject to the same rules under which you'd be caught driving a CMV.

    The feds have a BAC of 0.04 & 0.02 written in their rules. It's a bit confusing that they have both.

    However, if you're caught in a state having a more resrictive BAC limit, you are liable under that state's limits. The Fed's set the one limit but say that a state can have a stricter limit & you'll be stuck under that state's limits.

    All CDL holders, whether or not in a CMV, caught with any of the state limits of BAC, are stuck for the penalties imposed by the feds for a cdl holder operating a cmv.

    This goes hand in hand with getting a ticket while driving your personal vehicle. It counts just like you got it in a cmv.

    In another thread I posted that by fed rule you cannot have anything in the cab containing even a minute amount of alcohol. This means mouthwash, cold remedies, some deoderants & the list goes on. This particular rule may have been changed slightly in the recent past. I haven't bothered to check on it.
     
  9. dancnoone

    dancnoone "Village Idiot"

    9,922
    3,713
    May 6, 2007
    Mississippi
    0
    Won't work hero... While the officer may be understanding. He also knows the rule.

    After failing and claiming "mouthwash". Wait 15 minutes and retest. You still lose.
     
  10. BobC

    BobC Medium Load Member

    409
    57
    Jul 8, 2007
    Cincinnati, slOhio
    0
    When ya think about it, it's a double standard.
    A passenger car driver can get away with more & with less penalty. A cdl holder, driving a car cannot get away with the same.

    The feds ascribe the rules as not having alcohol when performing safety sensitive duties. This could mean anything & anywhere.

    What has a cdl to do with having a few on the boat, a horse or walking? Nothing really.

    It's just another half-azzed rule created by people who have never been in a truck let alone driven one.

    I'm a betting man. I would be willing to bet the same people writing these rules have driven their cars & boats with alcohol in their systems more than once.

    If you get stopped because you've been drinking, take your azzwhippin'. If you got stopped for something else & it's discoverd you've had a couple, here's what I would try.

    Turn off the vehicle, take the keys out, grab that lil shooter bottle, step out & in plain sight open & drink it. Now the best they can get you for is public intoxication. It would be most troublesome & maybe impossible to determine you were DUI.

    Don't put the keys back in the ignition. Call a cab or someone to take you home. Come back later when you can't be tested positive.

    Just a thought.
     
  11. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,358
    Oct 23, 2005
    Vegas/Jersey
    0
    Again I'll say show me where this is a requirement. So far I've looked at the CDL driver's handbook for IA, CA, and CO and just gave up since I know they all read .04% while operating a commercial motor vehicle. No where does it say that the BAC is .04% for all vehicles. You can look for yourselfs at http://www.cdltest.com/Handbooksites.html.

    Just because you might have heard someone say this does not make it a law. Now I could be wrong and I'll be the first one to say if I am but please show some references. There's no way that I'm promoting drinking and driving, however, rumors like this need to be shown there are not rumors because of the seriousness of the implications. If this were true then where does it stop? If you drive your POV too many hours and have an accident should you be charged no matter who's at fault? Do we start keeping track of our hours we drive in our POV? Remember we are CDL holders and should know better. Just please show me the law.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.