You guys are missing the point. There are worst case scenarios for every law that can be googled. The links cited are for extreme cases or the guy plead guilty and lost on appeal. In a normal nights work, prosecuters refuse to charge, drop, or plead them lick-ed-y-split because the circumstances always show the person was not trying to drive their vehicle on the public way, nor endangering anyone else.
Alcohol prohibited from trucks during down time?
Discussion in 'Questions From New Drivers' started by JoeBlow, Aug 28, 2009.
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It is illegal to operate a CMV if your Blood Alcohol Concentration (BAC) is .04% or more. You will lose your CDL for one year for your first offense.
You will lose it for life for your second offense. If your blood alcohol concentration is less than 0.4% but you have any detectable amount, you will be put out-of-service for 24 hours.
*It much easier to not even drink*jlkklj777 Thanks this. -
Helsone you are one missing the point. Legally a truck driver can't have booze in the truck. Its in the FMSCR. As far as being on private property the police don't know if you drove there or are leaving, so they can and do get you for DUI.
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I agree anyone who thinks they can drink or have alcohol in the truck is stupid. It is illegal and you will ruin your carrier doing it.
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OK, listen up, y'all. Everyone breaks the rules. The point is to not be obvious about it. Here's a friend's tips for having a cold one as an OTR driver...
If any of this post ever took place.
Which it didn't.Intothesunset Thanks this. -
Go to the TA at Dallas Pike, go to the bar, drink 1 drink and go back to your truck and wait. There is a 50/50 chance that you will be visited by the sheriffs dept (especially Fridays and Saturdays) and you WILL leave in the car! I've seen it happen 4 times in the past several years. EVEN when the driver had the keys in he ash tray! It almost happened to me in Jacksonville FL at a bar my cousin worked at 15years ago. The only thing that saved me was I didn't drink anything after 10 and i had only had 2 and it was 3am when me and my new friend went back to the truck for some fun. I was naked as a jaybird when that cop started beating on the door and I laughed in his face when I passed the sobriety test and got back in the truck and closed the curtain!
Yes you can get arrested for DUI for being in a car or truck and now a boat! Keep believing what you hear on the CB but my advice to you who believe you can't, go talk to a lawyer in what ever area you are in before you tip that drink while away from home! Or heck just call the police dept and ask. They will be glad to tell you!Intothesunset, kickin chicken and Baack Thank this. -
You can get a DUI on a horse for that matter.
A few years ago a driver was parked outside a factory in Scranton, PA. (maybe the UGL plant, not sure) He went to a bar nearby and had a couple beers. Came back to the truck and went to sleep. Cop shows up and naturally he got arrested for DUI because he was in the truck and over the limit. He fought it and in the end he won because the court agreed that his truck was his living space and at the time he was arrested he was not driving but resting. He was exceptionally lucky. I would wager most people in that position would get convicted anyway.Intothesunset Thanks this. -
Buy a bottle of Clamato...
Either drink about half down or put one half in a container for later....
Pour your beer of choice into the Clamato remaining.....and for a true "poor mans" Bloody Mary...add a shot of Tabasco sauce....
I knew this foreman who did that and would "toast" CHP while they drove by unsuspecting......Intothesunset Thanks this. -
Being intoxicated (.04 for comercial vehicals) and in a comercial vehical with keys in your pos., then you are in actual physical control of that vehical and it is close to the same as being busted for DUI/DWI.
Remember that .04 levels are so small that you may not even feel the effects of the alcohol. Also that is you went on a good bender the night before and feel funny the next morning then you are still legally intoxicated when it comes to driving a comercial vehical.
So basically it is illegal to drink and get into a truck since even 2 drinks may put you over the legal limit.
I follow a simple rule. I don't drink unless I am at home and not going to be put to work for the weekend or a couple days. No alcohol the day before work. -
If your Blood Alcohol Concentration (BAC) is .04% or more. You are DUI if you are driving or parked with a CMV vehicle.
1/2 a beer would cause you to be DUI. Hell 1/8 of a beer even. Cough syrup could cause you to be DUI.
When operating a motor vehicle the best number is ZERO for drinking.Intothesunset Thanks this.
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