Alcohol question

Here's a bit of fun trivia. In my younger days, it was legal to drink and drive in 26 states. Currently, Mississippi is the only state that allows drivers to drink alcohol and operate a motor vehicle. As long as the driver’s blood alcohol content stays below the state’s legal limit of .08%, the open alcohol container laws do not apply in Mississippi.

 

Pull over any retired couples RV and you will find a knife that is considered a weapon and is illegal even though it's used for chopping food.

Grandma has an unmarked plastic pill case with M T W T F S S and filled with pills and no prescription label.

Open the cabinet and you can start your own bar with all the already opened liquor bottles

 

I think if Cops wanted to write DUI/DWIs all they have to do is hang out where trucks park especially those areas close to stores. It has happened in the past. However, if you stay smart with the drinking there should be little problems. While the post seems to have been written in jest I was warned by a Cop in Mass about my knife. He did not take it or make a case but advised me to take it home. Today when I am out walking I use both my WASP knife and my P227. I'm disabled and if I do deploy either of them I mean to send someone to see the Coroner!

 

One reason why they dont have a .00 bac limit is because your body can produce alcohol from carbs and yeast in your body. In an average person it is possible to blow a .01 shorlty after eating something like a peanut butter and jelly sandwich, but ussually only lasts a very short time, drink some water and wait 5-10 mins and you should blow .00
Here is an interesting article about a guy who gets blitzed just from eating carbs because of excessive yeast in his system.
Meet the Man Who Gets Hangovers from Eating Bread

 

I understand what you are stating and basically agree with it. However, the real reasons for "leeway" are there are innocent reasons for a human to have alcohol showing in their breath. As you said metabolized carbs, mouthwash and other over the counter medications. Also, most humans can drink a drink over lunch and still operate a motor vehicle safely.

As a truck driver, the absolute limit to avoid the confirmation test called for in 40.247 (b) is .02. Higher then .02 you have to follow the rules of 40.251, 40.253 and parts of 40.255.

The text of regulations below.

Spoiler

§40.247 What procedures does the BAT or STT follow after a screening test result?
(a) If the test result is an alcohol concentration of less than 0.02, as the BAT or STT, you must do the following:

(1) Sign and date Step 3 of the ATF; and

(2) Transmit the result to the DER in a confidential manner, as provided in §40.255 .

(b) If the test result is an alcohol concentration of 0.02 or higher, as the BAT or STT, you must direct the employee to take a confirmation test.

(1) If you are the BAT who will conduct the confirmation test, you must then conduct the test using the procedures beginning at §40.251 .

(2) If you are not the BAT who will conduct the confirmation test, direct the employee to take a confirmation test, sign and date Step 3 of the ATF, and give the employee Copy 2 of the ATF.

(3) If the confirmation test will be performed at a different site from the screening test, you must take the following additional steps:

(i) Advise the employee not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch;

(ii) Tell the employee the reason for the waiting period required by §40.251(a) (i.e., to prevent an accumulation of mouth alcohol from leading to an artificially high reading);

(iii) Explain that following your instructions concerning the waiting period is to the employee's benefit;

(iv) Explain that the confirmation test will be conducted at the end of the waiting period, even if the instructions have not been followed;

(v) Note on the “Remarks” line of the ATF that the waiting period instructions were provided;

(vi) Instruct the person accompanying the employee to carry a copy of the ATF to the BAT who will perform the confirmation test; and

(vii) Ensure that you or another BAT, STT, or employer representative observe the employee as he or she is transported to the confirmation testing site. You must direct the employee not to attempt to drive a motor vehicle to the confirmation testing site.

(c) If the screening test is invalid, you must, as the BAT or STT, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, repeat the testing process (see §40.271).

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§40.255 What happens next after the alcohol confirmation test result?
(a) After the EBT has printed the result of an alcohol confirmation test, you must, as the BAT, take the following additional steps:

(1) Sign and date Step 3 of the ATF.

(2) If the alcohol confirmation test result is lower than 0.02, nothing further is required of the employee. As the BAT, you must sign and date Step 3 of the ATF.

(3) If the alcohol confirmation test result is 0.02 or higher, direct the employee to sign and date Step 4 of the ATF. If the employee does not do so, you must note this on the “Remarks” line of the ATF. However, this is not considered a refusal to test.

(4) If the test is invalid, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, conduct a re-test. (see §40.271).

(5) Immediately transmit the result directly to the DER in a confidential manner.

(i) You may transmit the results using Copy 1 of the ATF, in person, by telephone, or by electronic means. In any case, you must immediately notify the DER of any result of 0.02 or greater by any means (e.g., telephone or secure fax machine) that ensures the result is immediately received by the DER. You must not transmit these results through C/TPAs or other service agents.

(ii) If you do not make the initial transmission in writing, you must follow up the initial transmission with Copy 1 of the ATF.

(b) As an employer, you must take the following steps with respect to the receipt and storage of alcohol test result information:

(1) If you receive any test results that are not in writing (e.g., by telephone or electronic means), you must establish a mechanism to establish the identity of the BAT sending you the results.

(2) You must store all test result information in a way that protects confidentiality.

 

Read through this entire thread and there seems to be no real hard answers on it. You're at a truck stop, you got 10 hours downtime, you want to have a couple drinks in the cab, go to sleep etc. Nobody can say for sure it seems. You take an uber, out for drinks, come back and crash for the night, nobody can say for sure it seems. So to me, the best policy would be to only drink, or have any type of drink around you, when you are hoteling it on an off day etc.

 

Let's make it more ambagious. Even at a hotel you might need to watch yourself drinking if the company is paying.

Basically what it boils down to is the only good time to drink alcohol is during hometime. Any other time there is a chance you could be messed with by your company or an LEO.

 

Another reason is the sensitivity of the instruments. I did a fair bit of reading a while ago and posted somewhere on TTR. IIRC, the instruments are unreliable under 0.02.

 

Have you ever heard the term "can't prove a negative"? This term is on display with this subject. The reason is the FMCSA has issued no regulatory guidance on Alcohol use and private property. I as a driver could load a CMV and consume beer doing so. I could switch trailers as well. However, once I place that CMV on the road my alcohol level had better be no more than .02. What generally is left is a hodgepodge of state and carrier rules. What may be illegal in California might be OK in Arkansas. Carrier A might have no rules where carrier B will fire your butt on the spot. That is why you are not finding an answer because there is not one to be had. The real answer is, ---- well it depends!