.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).
Needing Valid medical card to keep CDL
Discussion in 'Trucking Industry Regulations' started by bowman316, Dec 28, 2015.
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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.
strollinruss and Pedigreed Bulldog Thank this. -
I have won more free drinks with that than i can count. -
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? -
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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.
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Name the states, i will call them. If im wrong i will post it.
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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. -
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