When driving my POV with a CDL, is the legal limit .04 or .08 BAC?

Discussion in 'Trucking Industry Regulations' started by bowman316, Dec 27, 2010.

  1. subpartrucker

    subpartrucker Light Load Member

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    I think it varies from state to state.I live in NY and was told that .05 was my limit because of my CDL...the best way to not worry about this is don't drive if you're going to have a few drinks.
     
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  3. Rerun8963

    Rerun8963 Road Train Member

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    as diesel bear pointed out, trucks (driving) .04....

    in your personal car, it depends on YOUR state....if your state say.10, then its .10...if your state is .08, then its .08......

    some states MY HAVE a.04 for cars.....then its .04........

    what IS YOUR STATE LIMITS...?????

    and with so many Public service announcements, you mean you never heard of your states. legal limits...?

    call your state police then if you need to....THEY WILL TELL YOU....
     
  4. rocknroll nik

    rocknroll nik High Risk Load Member

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    And there is the correct answer:biggrin_25514: have a designated driver, or take a cab.

    When I went and got my cdl I quit drinking...my choice, I quit because I didn't want to run the risk of losing something I had to pay a fairly large sum of money for....
     
    Last edited: Dec 27, 2010
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  5. Rerun8963

    Rerun8963 Road Train Member

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    uh....why would you want your designated driver to take a cab...???:biggrin_2559:

    did you mean to say......have a designated driver, OR take a cab...????

    you did a funny.....lol...
     
  6. rocknroll nik

    rocknroll nik High Risk Load Member

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    There I fixed it for ya Rerun:biggrin_25523::biggrin_25526:
     
  7. Rerun8963

    Rerun8963 Road Train Member

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    [​IMG]....[​IMG]....[​IMG]
     
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  8. rocknroll nik

    rocknroll nik High Risk Load Member

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    Love the Mutley pic there Rerun!!!:biggrin_25514:
     
  9. Rerun8963

    Rerun8963 Road Train Member

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    [​IMG]
     
  10. Blackjack

    Blackjack Light Load Member

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    The technicalities vary by state, but in many states there is no magic "get-off-scot-free" number. In Oregon, for instance, if the DA can prove you were .08 or above, you are automatically guilty of DUI, regardless of how well or how poorly you were driving. But if they can prove you were impaired (based on your poor driving), you could be guilty of DUI even if you were below .08.

    And in case you were thinking of investing in your own BAC tester, be aware that their accuracy is suspect. The little handheld jobs are not admissible evidence in court because they do not take a deep lung sample. The big machine bolted to the desk at the police station is the one that does that, and by the time you're blowing into it, you're already under arrest.
     
  11. dieselbear

    dieselbear Road Train Member

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    .04 is considered a DWI when operating a CMV. To be cited for 392.5 and placed out of service is any detectable presence.

    §392.5 Alcohol prohibition.
    (a) No driver shall—
    (a)(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
    (a)(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
    (a)(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:
    (a)(3)(i) Manifested and transported as part of a shipment; or
    (a)(3)(ii) Possessed or used by bus passengers.
    (b) No motor carrier shall require or permit a driver to—
    (b)(1) Violate any provision of paragraph (a) of this section; or
    (b)(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 4 hours.
    (c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
    (c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
    (c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
    (d) Any driver who is issued an out-of-service order under this section shall:
    (d)(1) Report such issuance to his/her employer within 24 hours; and
    (d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
    (e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.
     
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