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

Discussion in 'Questions From New Drivers' started by 4wheelJoshua, Aug 4, 2011.

  1. EZX1100

    EZX1100 Road Train Member

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    Don Lacey?
     
    aussiejosh and 123456 Thank this.
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  3. GasHauler

    GasHauler Master FMCSA Interpreter

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    Please if you can post the law where it says that no matter what vehicle you're driving you're held to .04. I'm not doubting but so many have just spouted off as the law with no back up. I would also like to up-date my data base. Until I see the law I'll stick with the majority and say it's only when you're in a commercial vehicle. Besides, if you're going to let that one in you've got to let all the others in too, like HOS. I do know that some courts have prosecuted .04 in your own car but they do make errors too. It's got to be written with no assumptions.
     
  4. chompi

    chompi Road Train Member

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    I here ya gashauler.... Nowadays though its just not worth it. You and I both know these cops would be so tickled to harass a trucker that had a beer on his day off. May get them on the front page of their little town newspaper! "Hero cop saves town from drunk trucker!"

    Personally man, I'm not a drinker, anymore anyway. Even so, if I were to pop a top I would make sure I was at the house and the blinds were closed and I had 48 hours before reporting to duty!

    The times of being free in the US are behind us now. Everything is on video and regulated. The government has complete control of what we as individual Americans do or put into our bodies. Helmets, seatbelts, fluoride in the water, mandatory insurance, drug testing, alcohol regs, etc...

    Wow, sorry man, I really went off topic there....
    :biggrin_25521:
     
  5. GasHauler

    GasHauler Master FMCSA Interpreter

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    I don't drink anymore either. I have had my share in the old days while in the service. Never been arrested for DUI or anything like that. What I do believe in is following the letter of the law and not making sh== up as a judge or court sees fit.

    Nowadays if you're going to get hammered or even drink get a driver. Don't risk your livelihood. Even to prove a point it's going to cost you so it's much cheaper to even pay for a driver.
     
  6. aussiejosh

    aussiejosh Road Train Member

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    You might need to read things a little better mate we live in a world where everyone wants to do as they please as long as no one does it back to them then they get all up set about it, remember the golden rule Mat 7:12 do unto others as you would have them do to you. :biggrin_2558:
     
  7. al_huryn

    al_huryn Medium Load Member

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    A buddy of mine was at a family reunion over the summer down in KY and got his car stuck in some mud. Cop pulled up and was offering to help then asked if he'd been drinking. According to him he was charged for being over the .04 even though he was in his Challenger. Needless to say he lost his license.
     
  8. FCW9

    FCW9 Light Load Member

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    Ya'all need to accept that we're held to a higher standard because we're professional drivers. Much like what happened to Kurt Bush 6 years ago. Crown Royal was his sponsor, he got a DWI and lost his ride for the rest of the season. If you drink, don't drive. PERIOD. End of argument. Can a moderator close this thread now?
     
  9. Jordon

    Jordon Bobtail Member

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    § 382.201Alcohol concentration. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

    No words in the regulations regarding a .04 concentration other than these. "Report for duty". "Safety sensitive function." Nothing about off duty. If someone's getting busted for a .04 while off duty it must be a state regulation. But I suspect, more than likely, the whole truth has not been told.
     
  10. troop381

    troop381 Bobtail Member

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    the .04 only applies while driving a commercial vehicle.
     
  11. Flatbedn

    Flatbedn Road Train Member

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    This is from Minnesota's Gov Page.

    Can I be arrested for a DWI in my personal vehicle under the CMV .04 alcohol limit?
    The CMV .04 limit only applies while operating a motor vehicle that requires the driver to have a CDL, commercial or non-commercial. In Minnesota, the alcohol limit is .08 in your personal vehicle. However, you may be arrested for impairment with a lower blood alcohol content (BAC).
     
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