BAC limit with a cdl in a class D vehicle

This is very important to new drivers and I believe a correct and accurate answer should be given. On all the states I checked Nj,TX,Il,CA (and then I stopped because they all said the same thing). If you hold a CDL and you are driving a non-commercial vehicle then your BAC will be .08. If you're driving a commercial vehicle then you BAC is .04. The states do not hold you to a more stringent requirement just because you hold a CDL. It all depends on what type of vehicle you are driving.

I received a letter from the Motor Vehicle Commission from my state 11/02/05 and this is what it said. If a driver operates a motor vehicle and is convicted of: Being under the influence of alcohol as prescribed by state law (.08) you'll will lose your CDL for 1 year. Having an alcohol concentration of .04 or greater WHILE operating a CMV. Will lose your CDL for one year.

Each state I checked with there was always a reference giving two distinct requirements for driving a CMV and your own personal vehicle. It's .08 in your own vehicle and .04 in the truck.

I'm not going to list all the links to prove my point but if anyone is still in the clouds I'll PM the reference and you have the proof so you can have backing instead of just spouting of something you might have heard in the yard. Or you can do your own simple search by entering DWI laws with cdl for states.

There's alot of new drivers that come to this board and need good sodlid information with backup. If they get into a jam they can't say well I read it on some board so it must be true. I suggest you do you own research for the states around you and read the laws completely through.

 

i am wondering if you know what part i should be looking under or what the number is because this happened to my boyfriend driving a class d personal vehicle and this is his first dwi, he doesnt drive as of yet but holds his cdl license.

 

§ 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.

It does not apply to your personal vehicle, period.

 

They have some new rules out too in addition to 382.201. If you test 0.02, you are forbidden to drive for 24 hours.

Why play with your career? It's got to the point 1-2 beers and people think you have a problem and are out of control. It's alot easier to just quit drinking all together. Life is just as fun without it. Save that occasional six pack for 1st or 2nd day of your 3-4 days off at HOME or on vacation. One beer and let someone else drive. Problem solved.

If you are a drinker, find a career that doesn't have all these regulations.

Read this FMCSA page...

http://www.fmcsa.dot.gov/rules-regulations/topics/drug/engtesting.htm

 

Or do like I did and marry someone who doesn't drink and then you have a live in DD! It works for me. When I get in off the road she meets me at the yard with a cooler full of my favorite adult beverage and I,m hammered by the time we get home. (I live 2 hours away) Oh yeah, it is .08 in your PV and .04 In a CMV. You can also be placed out of service for 24 hours if there is ANY detectable amount of alcahol in your system. If you don't belive me google it, I'm not doing your homework for you.

 

You can be convicted of DUI in some states with any trace of alcohol in your body if there are aggravating circumstances.

Let's say you had one of those mid life melt downs that make the news once in awhile. You had one beer, had a fight with your significant other- you lost it- shot up your mobile home, kicked the dog, kicked your front door off the hinges and took out your frustrations on your pickup down the road. You get pulled over, fought the officer that stopped you, urinated in the back seat of his car, threatened the jailers and blew .01 on the breathalyzer. Your spouse (and you) admitted you had a drink- just one.

You get charged with DWI. Welcome to the Great State of Texas, Y'all. It's not against the law to drink, it IS against the law to be a danger to yourself and others. If you were a danger to yourself and others and alcohol was consumed- and you were "operating a motor vehicle", it's called "DWI".

And Texas is not the only state to do it.

Use good judgement, people. And always remember that when you drink, you don't ever have good judgement. Ever.

 

A .01% BAC would never hold up in court unless there was extenuating circumstances, such as a delay in getting you to a BAC testing facility. Most D.A.s wont file on DUI's below .08 BAC. The exceptions would be the delay mentioned above, for repeat offenders, and those who've caused bodily injury/death to another. In dave26027's example above, I think the D.A. would be more likely to charge you with disorderly conduct, resisting arrest, making terrorist threats, and urinating in public (indecent exposure in some states!).

Gashauler is right. The type of vehicle you are driving at the time of the violation determines the BAC limit at which you can be arrested. In a personal vehicle, most states (if not all by now) follow the .08 BAC rule.

 

392.5 (a) (2)... any measured amount...

The lowest detectable and measurable amount is .02g%.

You always have a small amount of alcohol and/or other compounds which can give a reading. This is why they set a minimum detectable/measurable amount and set it at .02g%. Unfortunately there are some people who will usually and normally read this level (and sometimes higher) naturally. The rest of us will normally have a reading but it will be less than this.

 

I am surprised with all the regs that .04 is even allowed in a CMV. lol

 

A "detectable amount" will put a CDL driver (or in many states, a person under the age of 21) out of service and/or in violation of state law pertaining to operating a motor vehicle with a detectable amount of alcohol in their bloodstream. A conviction for DUI (DWI) has a higher BAC threshold to meet, and is therefore tougher to prosecute with sub-limit BAC blood, urine, or breath test readings, unless the arresting officer can account for the lapse in time between the incident (time of collision/arrest, etc) and the time of BAC testing. Continuous observation of the subject between the time of the incident/arrest must similarily be accounted for to prevent claims of alcohol ingestion after the incident/arrest.

I have never administered a breath test on a sober person with a BAC above .001% BAC, unless they have vommited or used mouthwash within 15 minutes of the test. It is standard protocol to ask the test subject if they have imbibed and alcohol-based oral hygene product, or regurgitated (vommited) within 15 minutes of conducting the test. Of all the tests available to law enforcement, the blood draw is the most accurate and infallible of the tests. Some agencies will only draw blood in felony cases such as a hit-and-run injury or fatality case because it has been shown in court to be the most accurate, incorruptable test of the three commonly used. The breath test retains no physical sample for later analysis, and is therefore challenged more by the defense. It is the most fallible of the available tests.