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

This from the people who stone women to death for being raped.

Also from the same folks who flew planes into the WTC and Pentagon.

No thanks - I'll pass.

If its that type of mentality you yearn for I wish you well in your relocation.

 

Sorry RM...you are incorrect, holding (possessing) a CDL changes the BAC maximum to 0.04 no matter what vehicle you are operating!
*see below from FindLaw quote*

End of story....0.05 is 0.01 over the limit for a CDL!

Employers, even employees of the company that have the authority to assign vehicles are subject to different rules per the FMCSA, even if the person does not have a CDL.

NO! Being off duty does not mean your license you hold (CDL) is off duty.

Did you really say this....(type this)....and it doesn't just scream out to you? You've got to be kidding!

Actually....yes it is that simple....actually rather cut and dried!

You would have to get pulled over and done a breath test....and if you hold a CDL....guess what(?)....0.04 is the limit.....simple as that!

He was guilty because he blew 0.05....and he was in possession of a CDL!

CDL holders....4 hours per FMCSA rules.....same story, you know...different standards for the CDL holder....part of the rules in this game we play!

The sections I changed to blue and red are key to my statements above the FindLaw section.

Pay close attention to the differences about driving a CMV and not mentioning the "in a CMV" parts.

We have a CDL....this is one license for all vehicles up to the level of our license and restrictions of the license. The endorsements (HAZMAT, tank, doubles-triples, air brakes) are above the norms of the standard license. This license we hold has with it limits to our personal lives and activities. Why anyone would risk their livelihood by getting behind the wheel after consuming any amount of alcohol?

 

Sorry otter... can't agree. There is no mention in the CA statute (the first and only one I searched, but I expect most, if not all, states are similar) of a CDL holder, only the operation of a CMV.

While a resource like FindLaw may provide good general information and guidelines, I would not trust it without reading the specific statute(s) referenced. And I really wouldn't trust it implicitly when they are making blanket reference (nationwide) to statutes that are regulated at the state level.

It is primarily a marketing tool for lawyers.

 

It is a State by State thing....here is IL;

Here is NV;

But in checking farther....many (maybe most) go the same as CA...where you must be in a CMV when the 0.04% comes in......

But I ask the same question! Why would you risk it? Why would you get behind the wheel with any alcohol in your system? Makes no sense at all!

 

The above post cites FMCSA rules.
FMCSA rules apply to CMV's not personal vehicles.

 

That FindLaw stuff is not quoting actual laws. I have yet to see an actual law stating that a CDL holder is held to the .04 standard in a personal vehicle.

That being said, it is stupid to drink and drive, especially if you are a CDL holder. We are held to higher standards. A DUI in a personal vehicle will hurt your career.

 

otherhalftw what has been discussed in detail in this thread is whether or not .04 is the limit for someone who possesses a cdl but is not operating a CMV at the time. From the laws that have been posted it would appear that it is only when operating a CMV not any vehicle. There has yet to be one post that included a law stating that it was for any vehicle all posted have stated clearly when operating a commercial vehicle.

 

Respectfully, I can't find how the quoted FindLaw passage shows that the lower .04% BAC is the limit even when not driving a CMV for CDL holders. My state clearly states it is illegal to "operate a CMV" with a BAC of .04% or more. They also state they are following FMCSA guidelines. Nothing explicit or implicit about this lower limit applying to non commercial private vehicles for CDL holders. So perhaps an assumption is being made that the normal rate would apply if you were in a car. However, the quoted passage doesn't specifically address this either.

 

But I certainly agree that it's a stupid risk to play around with. Whatever the state rules are.