Needing Valid medical card to keep CDL

Discussion in 'Trucking Industry Regulations' started by bowman316, Dec 28, 2015.

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    .04 is only the legal DUI limit if you're in a CMV. ANY detectable alcohol in a CMV is a 24 hour OOS.

    In your car, it is still .08 (or whatever limit was set by the state for ALL drivers).
     
    street beater Thanks this.
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  3. Criminey Jade

    Criminey Jade Road Train Member

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    Just don't drink and drive, period. Why open yourself up to getting nabbed, wrecked or worse? It's not worth it.
     
  4. street beater

    street beater Road Train Member

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    I have won more free drinks with that than i can count.
     
  5. bowman316

    bowman316 Medium Load Member

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    I'm pretty sure even in your car you still can't blow over .04.
    But these DUI laws are so confusing now. My sister, (non-CDL) blew a .06 or .07, but still got arrested. How is that possible, if its LEGAL to blow anything under .08?
     
  6. street beater

    street beater Road Train Member

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    You dont even need a bac to get arested, impaired is impaired. Cops choice if you can handle the car. And NO! it is NOT .04 in a car for a cdl holder. call the troopers. i have dozens of times, put them on speaker and ask. Then get my free drinks for being right. Sorry it just is. Your are held to the standards of the vehicle, not the lisince. Pilots have a 0.0 mandate, do they then have the same in a car? Nope, .08 like the rest of us. Wanna bet? :)
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I hate to disagree with anyone about the .04 issue but the laws have changed for some states if not all. Back before they changed this law I would be on this group stating that you had to be in a CMV to blow .04. In your private vehicle you still could go to .08. Then I received a letter from my state DMV telling me about the .04 BAC no matter what I was driving. I think the law is wrong but you can do your own research and find out. I just typed in "BAC for CDL drivers in private vehicles.
     
  8. street beater

    street beater Road Train Member

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    Name the states, i will call them. If im wrong i will post it.
     
  9. Florida Playboy

    Florida Playboy Road Train Member

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    It's the cop's discretion. You can blow 0.0 and if the cop "feels" you're impaired he can arrest you. You're guilty until proven innocent after you spend a lot of hard earned money.
     
  10. GasHauler

    GasHauler Master FMCSA Interpreter

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    Well I did do some digging and here's what I came up with. There are several attorney firms listed on the net that make the statement that if you hold a CDL you can be charged with a DUI at the BAC of 0.04 in your personal vehicle. So I looked at several states trying to find the law itself and I could not find any. Most of the states were updated so that brings me to the suspicion that some courts have ruled and the law remains with case law. That's based on previous postings on this subject where the drivers stated that the judge ruled .04. Plus I don't think that a large attorney firm can make statements like that with no regard if it's right or wrong. I don't know.

    But here's my main concern. If we were to go out and spread the word that you can drive your own vehicle and can only be held to BAC 0.08 what if a new driver takes our word and it's wrong. He/she loses their career on our bad word. I don't think any of us are in that position to say what the law is right now. So I'm changing my position on this matter and I will say nothing . I will remain that way until I see the hard core law of any state. It's much safer to not drink and drive no matter what. My opinion now is there is no right or wrong and it's left up to the judge.
     
  11. street beater

    street beater Road Train Member

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    I agree, NO bac is best. But i wont change my stance. I talk to cops. I call the troopers personaly. #### lawyers. Thwy can say anything they want. Of cource you can get a dui or dwi while at .04, hell you can get one 0.0 want the law? Call and ask. Thats what i did, thats what everyone should do. Diggin on the net wont get you much but a direction. Dont you think if they changed a max bac before mandatory dwi/dui that we would have heard about it? These idiots spend millions every year tellling the country that txting and driving is ilegal.... while i agree and suport a zero bac at all times for all cercumstances. I will not back off my position about the texhnical point. Sorry, i know im a dog with a bone about this, just a huge pet peeve of mine. One fault of many. No ill will twords you. :)
     
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