2 beers, on day off, in personal car = fired

I personally run a 24 hour bottle to throttle rule with the truck, and an 8 hour rule with my POV, It has never been an issue for me.

On the flip side, I have a titanium plate and 32 screws in my face because someone else wanted to drive under the influence, I really have no sympathy.

 

1st you have to retain and understand what you read. You did not read that , cause there's nothing that says you can not drive a CMV for 24 hrs after you drank. Now there are stupid companies that have that stupid policy in affect , Werner may be 1 , not sure will have to ask step son.I know they have a company shut down policy from like 10pm new years eve to 6am new yrs day so no drunks hit a Werner truck.

 

Also, most people say they've had "a couple". A couple could have been 5. But as the story gets retold by a few people, that "couple" can easily become "2".

 

DWI vs DUI

DUI is an acronym for driving under the influence. DWI stands for driving while intoxicated.

In some cases, depending on state law, the two terms are both used to describe impaired or drunken driving. Some state laws refer to it as DUI and others call it DWI.

However, in states where both terms are used, DWI usually refers to driving while intoxicated of alcohol (this is where the BAC Comes in, Below % DUI, at or above DWI), while DUI is used when the driver is charged with being under the influence (% BAC DOES NOT MATTER)!!!!! of alcohol or drugs.

In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they do not meet the blood alcohol concentration levels for legal intoxication.

This means, you consumed something and chose to operate a vehicle NOT KNOWING your BAC, Not caring about your BAC and saying ##** It I only had X# of Beers, aka Rolling the dice.

THIS IS NOT LEGAL!!! With any license, in any vehicle, in any state. Case Closed, you are
fired!!

If you consume cough medicine, that has alcohol or any other substance and the label says; DO NOT DRIVE, you are knowingly operating a motor vehicle (of any kind) under the influence, not intoxicated.

Do not confuse under the influence with intoxicated. Apples & Oranges. Influence is consumed, intoxicated is a legal term only, to denote that you failed a legal limit or soberity test in some fashion.

The legal BAC for a cdl holder, in ANY vehicle, in every state is .04, period! That is the point you are intoxicated. If you take one swallow of any type of alcohol, you are under the influence, period!

This person got fired for breaking company POLICY. Has nothing to do with a state law, a vehicle or an arguement or perception. Next time understand your company policy.


"The FMCSA has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alochol."

http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm

This above FMSCA rule does not say; while driving a commercial vehicle!

Federal trumps state.

NO OFFICER NEEDS A REASON!!! IT'S AUTOMATIC!!!

FMCSA:

Any person who holds a CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of being under the influence of a controlled substance or using 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. Consent is implied by driving a commercial motor vehicle."

You DO NOT have to be IN a CMV. It is ASSUMED you WILL BE, "Consent is implied by...". Key word is "by", not while.


Case Closed. Know the Law and your company policy.

 

Even if you weren't driving your tractor trailer at the time if you then get into your truck and have any any alcohol content your guilty of DUI as a professional your supposed to know better the only advice i can give is learn from your mistakes and move on with your life.

 

where did you hear this, thats a rhetorical question, it's wrong.

 

YOU need you re-read the regulations then http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=382.201

As stated in the green book. 0.04%. that's works out to about half a bottle of beer with lunch for a 200 pound man.

 

Agreed. No problem there.

The bolded statements contradict one another. First you describe what is law in certain places, then you say its law in all places. Did the law change in the time it took you to write those sentences in between the two bolded statements?

Umm... yes it does. Its says that right in the part you've included above. Here I'll point it out for you.

Are you required to have a CDL when driving a personal vehicle? Nope. The reg doesn't say 0.04% for a person who has a CDL, its says 0.04% for a person who is required to have a CDL. You are not required to have a CDL when driving your personal vehicle. The feds do not put words into regs arbitrarily. If they wanted the reg to apply to anyone who has a CDL regardless of what vehicle they were driving, it would have said anyone who has a CDL. But they didn't say that. So why put the phrase required to have in there? The only possible reason is because that reg is intended to apply only when the operation in question requires the driver to have a CDL. You are not required to have a CDL when driving your personal vehicle.

 

Well you can drink all you want where you want as long as you don't get caught buddie you do the crime however you do the time.

 

We've gone over this for many years now and it's assumed by many that if you have a CDL your limit is .04. Every state I've looked at says the same thing. WHILE OPERATING A COMMERCIAL VEHICLE you are limited to .04. If your states says different please provide. I do know that some do but not all. It's not a personal preference just the law.