Swift has driver arrested.

I have a friend who went to a bar in his own private vehicle, then after spending time at the bar went back to his vehicle and decided he was not able to drive so he went to sleep in his vehcle, on the lot owned by the bar, later a police officer knocked on his door waking him up and finding the keys in the ignition arrested him for DUI, that happened in idaho, if the kyes had been under the seat or in the back there would have been no merit im told, but in the ignition bad news. Also a few years ago there was a truck driver that was somrwhere down south, stopped at a liquor store and bought his favorite whiskey, put it in his trailer locked the door to the trailer, drove a few miles down the road and was stopped by the highway patrol,, they checked his trailer found the whiskey and arrested him right there for having liqour in the CMV. So the federal law does prevail in such instances. You may not think its right, but can you afford the price to fight it or defend yourself??

 

Your friend was lucky. The alcohol was in the trailer and there was no manifest. They could have went for bootleg or illegal tranportation.

 

I don't see any reason to open the door for officers doing that. I wouldn't even get out of bed. What are they doing to do, break into your truck? They don't have probable cause. I have nothing to hide, but we don't live in communist China or Russia at the moment. I won't allow officers to inspect my personal vehicle, either. You don't have to let them. They can try to get a warrant or try to find some cause, but without that, you don't HAVE to let them in your vehicle. Once you give consent, you give up your rights. As for the guy drinking beer in his truck - just a dumb***. If you're going to drink in your truck - it would seem obvious that you don't announce it to ANYONE and do it totally in private - doors locked and keep your stupid mouth shut. Probably not a good idea to buy your beer from the truck stop either. If I were going to do that in my OTR days - I would have stopped at a hotel, a bar - somewhere away from the truck. I wouldn't know, however, as I never had the desire to do any of it. I DO like a nice, ice cold Bud Light while watching NFL, though (at home, in my living room, watching my big screen TV!).

 

im not condoning the drinking but for all we know he had just started a 34 hour reset as to the comment about get up and move the truck id be luck to wake up to move the truck not that i would if i did wake up

 

They rousted the drivers. Some of the doors were beat on for 15 minutes to get the drivers up. The loads and the cabs were searched.

There was an article in our local paper concerning this entire event.

When homeland security is used, you have lost all your rights. They can even declare this and enter your home without a warrant. Probable cause is not needed anymore.

 

I reckon it all depends on how one defines "a few beers".
IMO, eight beers before hitting the sleeper is well over acceptable. And to fail a field sobriety test THREE hours AFTER hitting the sleeper seems to support my opinion.
IMO, drinking to the point of intoxication within a few hours of returning to duty is not acceptable. Driving ANY vehicle while hungover isn't the safest or wisest choice one could make either, and is 100% preventable.

In and of itself, I suppose you're correct. But it's those unexpected *what if's* that arise from time to time that COULD create a danger.
I used the example of an emergency situation, say a fire at the truck stop, that required a driver to move his Big truck ASAP.
In the case of an intoxicated driver in his sleeper, who's going to get that Big truck moved as quickly as a sober driver?
And IF that intoxicated, and/or impaired driver gets behind the steering wheel, we have the potential for even more danger.
Again I ask, knowing it's illegal and potentially dangerous to drink alcoholic beverages in a Big truck, WhY take the chance?

And in REALITY, if a driver decides to drive after consumption, for whatEVER reason, it's ILLEGAL.
How "easy" it is for them makes no difference. They're expected and required to OBEY the laws.

That any driver would even consider driving after consuming alcohol doesn't speak very highly of that individual.
But you're correct --- there's no way of knowing if they hide.
However, when a driver consumes alcohol where other folks CAN see him, that's the definition of "stupid" -- IMO.
Mixing stupidity and Big trucks is NOT a good combination.

Who are WE to judge?
Hmmmmmmm
PROFESSIONALS, I would hope.
And as professionals, we SHOULDN'T condone such activities.
To do so is irresponsible on OUR parts. Rid the trucking industry of those types who can't seem to control their urges. Why should we, as professionals, take the chance that they'll be sober when they get behind the wheel again? Is it worth the possible outcome?
If WE can prevent a crash, or damage of any type, I think it's up to US to do ALL we can to prevent that.

IMO, part of being "in control" includes NOT consuming alcoholic beverages if there's ANY possibility a Big truck, or any other vehicle, will have to be operated while under the influence of alcohol. Be that at "home" or otherwise.

The law allows only 0.04% BAC for a CDL-A license holder, be they in a Big truck OR their personal vehicle.
So, again I ask, knowing this fact, WhY take the chance?
Especillay considering the potential ramifications.
Bottom line --- IT'S AGAINST THE LAW.
And indicates a weakness of character on the alcohol consumer's part.

That's my opinion.
Other's might agree.
Or not.

 

It seems all the truck stop are now travel plazas.They do cater to the happy campers more.

 

Drinking and trucking has been going on for alot of years. The recent change to travel plaza's are not the reason. I believe the flying J's don't sell beer. I know the others do.

 

In my state (NC) Possessing Alcoholic beverages in the passenger area of a commercial vehicle is 4 points on your license.

 

Whether it is a state thing or not, the FMCSA prohibits in the vehicle while on duty. Most companies have a policy that strictly forbids it in the vehicle at all times.

The FMCSA part 392.5

(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: