Alcohol in truck?

Nice avatar. I have had driver's tell me that in the past. But I have never known anyone to charge someone with that. I did though, have a guy tailgating me and blowing his air horn and flashing for me to get out of his way while he was driving his 1994 Freightliner FLD directly on my back door back around 2001-2002. I stopped him and he was drinking Listerine, one of the gallon size ones to help with an absesed tooth that was giving him a lot of pain. The problem was, he was impaired from the listerine. Or that was what he claimed he had been drinking. When we took him for a breath test, his breath result was a .14 BaC. It didn't help that he had some weed and cocaine with him as well. But I have never seen someone charge someone for having listerine with them. I think you have to look at the intended use of the product. It's not Jack Daniels or Budweiser which have one intended use. But in this business I never say never. Because someone will make a liar out of me.

 

Years ago, a school bus jumped the curb in Benton Harbor. The driver failed the breathalizer, but beat the charges in court claiming he had used mouthwash. He must have had a good lawyer.

 

If you are T-Boned by a 4-wheeler who runs a red light who is under the influence, and you are running totaly legal, it will be YOU YOU YOU the truck driver who must submit a urinalisis. The 4-wheeler may or may not have to submit, depending on the cop who is in charge of the scene.

But under federal laws, you and I, the type who've never done drugs and are not at fault, will be automaticaly deemed GUILTY, until proven innocent.

Based on the draconian and unrealistic laws our nations non-representing represenatives keep forcing down our throats, and laywers looking to FO anyone they can so to make money, I'd personaly stop using the mouthwash laced with alchohol.

Years ago this wasnt a big problem, but today with everyone texting and yapping behind the wheel there are way more accidents involving people who are AT FAULT, who are sueing those NOT AT FAULT (truck drivers).

 

There are only three occassions when a post accident D & A tests are required:

1. A fatality

2. The truck driver is cited for a moving violation in cojunction with a tow-away accident

3. The truck driver is cited for a moving violation in conjuction with an injury accident.

Be safe.

 

Every company I have worked for and those I have talked with say it is in fact illegal to carry mouthwash in the truck unless it is an alcohol free mouthwash. That alcohol free #### tastes just like I called it. ####. Doesn't even seem like it works.

 

§392.5 Alcohol prohibition.
(a) No driver shall—
(a)(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(a)(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(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:
(a)(3)(i) Manifested and transported as part of a shipment; or
(a)(3)(ii) Possessed or used by bus passengers.
(b) No motor carrier shall require or permit a driver to—
(b)(1) Violate any provision of paragraph (a) of this section; or
(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.
(c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(d)(1) Report such issuance to his/her employer within 24 hours; and
(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.



Under 382.107 alcohol is defined as :

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol

There is no intrepretation in this section for the example you described. In my opinion and it is only that, my opinion, it depends on the officer involved. To be safe do as skunk truck stated, go alcohol free and have no worries, just the bad breath.

 

I carry Crest mouth rinse in the truck....alcohol-free.

I originally tried Tom's, but it tasted like I was chewing on tree bark (not that I'd know how....oh, never mind...think I'll get me a glass of Listerine...)

P.S....I'm at home now for four days.

 

I hope you took him in?

 

You missed two others.


http://www.fmcsa.dot.gov/rules-regu...ruletext.aspx?reg=r49CFR382.303#r49CFR382.303

(a)(2)(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(a)(2)(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.