DOT can't search my truck without a warrant. Wrong.

to be fair there are TONS of 3-hour BS videos either spouting off conspiracies or AI-generated garbaggio.

at least the "blipverts" let you quickly ascertain whether continuing to watch is worth it.

I guess if you want a good multi-hour experience, don't be watching on youtube?!?

 

49 CFR § 392.5 (a)(3); Alcohol Prohibition.

Here is the catch: as long as you are in possession of the truck, on duty, off duty, standing on your head or twirling around on your ******* *****, you are not allowed to have alcohol in any form in the truck.

What you are all missing by trying to twist this around is this fact - the states dictate this, the FMCSA hands them the foundation regulation, they can and most, if not all, have a stricter interpretation of the regulation, which in all states is a statute, not a regulation and can be criminal in nature.

This doesn't include the freedom of the carrier to terminate employment/contract of someone who is caught with alcohol. I have a zero tolerance for it for a lot of reasons. You want to drink, then get a hotel, order UberEats to get the booze, but don't put it in my truck.

 

.04

 

That is incorrect.

.04 only applies if you are operating a CMV at the time. If you are driving your personal/non-commercial vehicle the limit is .08 even if you possess a CDL.

 

No, they changed that like 15 years ago. It’s .04 for a cdl holder period.

 

I'll fully admit that I'm wrong if you can show me the regulation that your speaking of. I must admit that I've spent some time looking for the guidelines to prove my point, but I can't find the actual law. I've found multiple websites that back my claim, but because none of them are from an actual government agency I won't link them here.

I'm curious as to the actual legal answer now.

 

This would be considered "PROBABLE CAUSE".

If there is no hint or P.C., they can't just go rummaging through your personal effects in the sleeper without a warrant. That was told to me by a Colorado State Trooper back in October.

Now he said what could happen is they ask to inspect the bunk if you have a team driver to ensure there are safety net and belt loops, latching mechanisms and if during the inspection of your bunk they discover an alcohol bottle underneath the bunk then that gives them P.C. to look further.