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  1. 08.04.2011 #21
    GasHauler
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    Master FMCSA Interpreter GasHauler's Avatar
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    This statement about being held to a .04 BAC no matter what you're driving has been going on for awhile. Every state I have looked at the laws it always says while operating a commercial vehicle. I just looked at Ohio and it says the same thing, while operating a CMV. So unless it's spelled out in the state laws you should be held to the same limit as anyone else driving a car-.08. If you have a state that does say any vehicle your driving please let me know. As far as the cop bringing that to court I think I would have said a professional should know the laws and get off his high horse.
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  3. 08.04.2011 #22
    4wheelJoshua
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    I don't know if the officer was at court at all. Thank you for clarifying that it applies only when driving a CMV, that must have been how he got out of it all. I do know it was indeed only 2 beers because his father in law was one of the letters to the editor in the paper disgusted with what the guy was being dragged through.

    GasHauler you again answered one in full for me thank you.

    I am not a drinker, but to think I couldn't even have a beer with pizza on home time scared me a bit. Felt like freedoms being trampled on for a second.
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  4. 08.04.2011 #23
    PackRatTDI
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    Police misinterpret laws all the time. I got a ticket once when I logged being off duty all day on a run with an extra day because I didn't fill out an inspection that day. He said the law is that you must fill out a PTI every day you are on the truck even if it does not move.
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  5. 08.04.2011 #24
    Saienga
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    Controlled Substances/Alcohol 392.5(a) Possession/use/under influence of alcohol less than 4 hours prior to duty
    392.5(a)

    You've got to cut it out 4 hours before coming on duty. That link also lays out why it's basically shoot-yer-foot territory to have personal alcohol in the truck (even though basically every company out there is going to forbid this anyway).
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  6. 08.04.2011 #25
    WitchingHour
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    .08 is only the federal limit. While many states go with that, there are some with lower limits.
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  8. 08.04.2011 #26
    Saienga
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    CHART!

    Looks as though everybody's .08 for now. I can't verify the age of the chart, though.

    EDIT::Dated source, it's .08
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  10. 08.04.2011 #27
    walstib
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    He couldn't have got a DUI/DWI without being over legal limit regardless of license type, he gambled and lost...Sucks...
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  11. 08.04.2011 #28
    crzyjarmans
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    As a CDL holder you have to wait 24 hours after drinking to get into a CMV, not sure on the private vehicle law, but if he was arrested for DUI and convicted, he most likely lost his CDL for a year, company can not let him deive
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  12. 08.04.2011 #29
    Saienga
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    Quote Originally Posted by crzyjarmans View Post
    As a CDL holder you have to wait 24 hours after drinking to get into a CMV, not sure on the private vehicle law, but if he was arrested for DUI and convicted, he most likely lost his CDL for a year, company can not let him deive
    No, sorry. It's 4 hours. See here
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  14. 08.04.2011 #30
    wsyrob
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    Quote Originally Posted by 4wheelJoshua View Post
    I do know it was indeed only 2 beers because his father in law was one of the letters to the editor in the paper disgusted with what the guy was being dragged through.
    2(12 oz) beers with an hour after the last one is not going to produce even a .04 BAC. unless he weighs 50lbs and chugged them. Maybe they were those huge 24 oz glasses. The body metabolizes around 1 beer/shot per hour. If he did indeed blow legally drunk either he had more than 2 or the machine was wrong.
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