2 beers, on day off, in personal car = fired

I know in oregon You can blow anything, it doesnt mater, its all at the officers discretion. impared or not. dont drink and drive save the trouble.

 

Not really. I live in KY and was stopped in my personal vehicle a little over a yr ago. the officer was giving me a lecture on 6 over the speed limit, when he finally looked at my license and seen the green background his attitude changed. I went from a da thats just stupid to a professional da that knows better with a very nice ticket. Yeah I was impaired but to the local law you get red flagged for having a cdl.

 

I think Roadmedic determined that cdl rules do not apply to non-cmv. So maybe the .04 just applies while you're in a cmv. It's all redundant though. Like you said don't drink and drive and you have nothing to worry about.

I will say this...If you're in a truckstop during a reset and want to have a couple beers while you're relaxed in the sleeper. Don't have the keys in the ignition. I think an ahole of a cop could charge you with a DUI.

Before my dad died he was sleeping it off in a parking lot of an abandoned factory in an industrial park and a cop on patrol stopped, woke him up out the back seat and hauled him in. All because the keys were in the ignition. Cop said if he'd just taken the keys out he'd have left him alone. Go figure. It's really just best to not be anywhere near a motor vehicle if you're going to drink.

 

Here they are:

Just the facts.

By what measure?

So many numbers.

It's okay, I'm not driving.

Really, it's pretty simple.

The right to carry.

 

Where do you find the .02 number? In the posts you quote it but I didn't see a link relating to that or it quoted in them besides you stating it. I'm not questioning it just wondering since the New Mexico manual states measurable which could be interpreted as .01 even. It will never be an issue for me as I very very very very rarely drink haven't had a single drink in 7 years and I'm not an alcoholic just family members who are so I stay away.

 

Hmm, good question. Usually I am good about providing links when making such posts in order to avoid exactly what you asked. IIRC, I did a number of searches and came across some commentary that in one case indicated the level of error inherant in testing and in the second case indicated that the FMCSA was following what was an accepted practise in legal circles. I'll see if I can resurrect the searches and provide links... somewhere I did find the definition of "measureable". For now, you'll just have to trust me... or show me the error of my ways.



EDIT: This wasn't one of the original links I found, but it points us in the right direction.

Also, when you go the FMCSA Rules and Regulations homepage and enter "concentration" into the search field for all regulations, then go read the highlighted portions, you will see all references to "testing" use .02, not .00 as the minimum.

 

in vt .04 is dui in a cmv. According to the manual you can be put out of service with a bac of .02 for 24 hrs. not a dui but out of service

 

This is the information that you have been told. You were not there. The guys father was not there. Now maybe it is 100% of what happened. But probably not. There is almost always more to the story. You say we are hung up on the "what if's..." Well I have to say that a bunch of us have been around for a long time. Some of us have been law enforcement before being truckers. If you missed it, you might take a look at post # 31.

That summary is yours, but is not necessarily correct. Of course it COULD be that. But sounds to me like you are the one doing the "what if's" now.

As both DB and I have explained, there is a good reason for this. It is not messed up. The whole idea is to get impaired drivers off the road.

I will be the first to agree with you, that if it actually was what you posted in your first post, it is a chicken schidt situation. But I've been around enough to know how people sort of "gloss things over," (in politics they call it SPIN,) when talking about things that have happened.

 

§ 382.201 Alcohol concentration. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

The two beer size is funny. I use to have a neighbor that his wife limited him to three beers a day. He bought them big stove pipes.