Drinking limit

we stepped on each other dave sorry

 

i remember when i asked this exact same question...half the people said .04 only applies to CDL holders while driving a commercial vehicle, the other half said it applies to CDL holders no matter what they are driving

 

Sorry for the typo. The purpose of the link I guess.

 

No Worries, it's all good....

 

you ain't never gonna argue with a DOT cop..........i guarantee you that.........

 

Asked my hubby about your question. he graduated a year ago from trucking school. he was told/taught that truckers are held to a different standard then someone with a 4 wheeler license. At a recent safety meeting he just went to the Safety director told a story about a driver that got a DUI when he stopped at a store and bought a 6 pack and put it in a container outside of his cab. He was bobtailing home when this happened..i dont know the outcome of that story but he got an attorney to fight it. Think about it if you have a CDL the license itself looks different than a regular drivers license. Truckers dont carry 2 licenses one for the family vehicle and one for the truck so when you get pulled over driving your family vehicle you hand the cop your CDL license. Your CDL will get the charge. Maybe you guys should be able to carry 2. I dont think it is fair either. Buy hey just dont drink and drive!

 

Most companies I know of have a zero tolerance policy on drinking regardless of state law - test above 0.00 at anytime, anywhere, driving anything on the road, and you're in trouble. I wouldn't have it any other way either. I once pulled up for the night in a parking lot in Albuquerque NM near a bar. Since I had a good amount of downtime coming, I figured what the heck and went into the bar and had 2 or 3 glasses of beer, then went back out to the truck and climbed into the sleeper. Hour or two later, I was asked to move the truck by the owner of the lot I was in. So I did. Rolled out of that parking lot, down one block, and into another parking lot. Though I had all the room in the world, I must have bumped curb 4 or 5 times in that short a move. Nobody belongs behind the wheel of a big rig unless they are 100% sober.

 

First, for those forum members who have expressed the opinion that no one should drive any vehicle after having consumed any amount of alcoholic beverage, I am not disagreeing with you. There is nothing in ethyl alcohol that makes a person a better or safer driver. That being said, the original question pertained to the applicability of the .04 limit when a CDL holder is operating a Non-CDL vehicle.

The poster(s) who stated that the DUI laws are determined by the individual states are correct. Each state writes their own DUI laws. But those laws are strongly influenced by the requirements of federal regulation.
Minimum standards for substantial compliance by states

§384.213 State penalties for drivers of CMVs. The State must impose on drivers of CMVs appropriate civil and criminal penalties that are consistent with the penalties prescribed under part 383, subpart D, of this subchapter.



I will limit the specifics of my post 6 western states with which I am most familiar. Arizona, California and Idaho have each enacted specific DUI statutes which make it a state crime for anyone to operate a commercial vehicle with a BAC of .04 or greater.
Arizona Revised Statutes, Title 28, Section 28-1381
California Vehicle Code, Section 23152(d)
Idaho Statutes, Title 18, Section 18-8004
So in each of these states - for the purpose of being charged with DUI -08 applies when operating a vehicle that does not require a CDL and .04 applies when operating a vehicle that does not.

Nevada, Oregon and Washington have approached the issue differently. Although they have not added a separate .04 section to their existing .08 DUI laws, the have added provisions that bring them into compliance with the one year mandated disqualification contained in 383.51 for operating a commercial vehicle with a BAC of .04 or greater.

Table 1 to §383.51 (3) Having an alcohol concentration of 0.04 or greater while operating a CMV 1 year

Here are the references for Nevada, Oregon and Washington:
Nevada Revised Statutes, Chapter 484C, Sections 484c.110 & 484c.120
Oregon Revised Statutes, Sections 813.010 & 813.120
Revised Code of Washington, Sections 46.61.502 & 46.25.120

So, what does all of this mean in plain English? It means that each of these 6 states have in some manner made it punishable to operate a vehicle that requires a CDL at a .04 and a vehicle that does not require a CDL at a .08. The important point is that none of them hold a driver to the .04 standard by virtue of the fact that the hold a CDL. The determining factor is the class of vehicle that is being operated at the time of the violation.

If anyone out there is aware of a state that holds CDL licensed drivers to the .04 standard when operating a non-commercial vehicle, please let us know. And please provide the reference to the state law ('my brother-in-law told me' doesn't help us much).

Finally, I know that I have only addressed the .04/.08 issue and not the .01-.039, out-of-service for 24 hours. But then, that was the original question, and this post is long enough.