Under the influence of alcohol - out of service.

was he ever actually charged with a crime? It sounds to me like he was placed out of service for detectable alcohol but never charged, if that's the case your beef is not with the courts, it's a civil matter between you and your insurer

 

You can probably get it dismissed pretty easy. You will need a lawyer though. Here in Texas you can get a lawyer for 100 bucks, plead to j walking or something send the judge a couple hundred and be done with it. It's a racket around here. They write tickets for anything that will generate money. Safety is secondary to making money.

 

Lay him off due to slow freight and put nothing on DAC.
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Seems like something that would happen in WA or OR.

I remember an article in Land Line Magazine, a driver was arrested in WA or OR for having drugs in the truck. The DOT officers found over-the-counter cold/flu medicine and studied the labels on each medicine and found something that is considered illegal in that state, but no other states. He was fired on the spot and left standing at the scales with all his belongings and arrested on a drug charge.

This article was a few years ago in Land Line magazine.

Contact OOIDA, maybe they can recommend what to do.

 

Hence the reason to never consent to a breathalyzer if they wanted the BAC he should have demanded a blood test.
Anyways I am not anyway you could make the insurance change their minds but I suggest that the driver talk to a lawyer about filing a suit against the officers as they have over stepped the law and cost him his job. IT is time we stop allowing cops to do whatever theh wish.

 

this is correct. .04 is a DUI. But A driver can be put out of service for 24 hours if there is any detectable amount.

 

they either dont know the law or they want to play big bad I am in charge.

 

well that makes since as I never payed much attention to that part and refuse to take anything while on the road so I guess I dont know law on that one. so disregard all my last two posts.
Except never take the breathalyzer.

 

don't consent and you'll find yourself in a lot more hurt.

i'd contact ooida. and maybe a lawyer. POINT 002 outta be a lawsuit somewhere.

i was arrested once. for a .002. but it was dismissed and i got all state fines reimbursed. i was only out the lawyer fee. for somethign that was easily dismissed. lawyer basically got money for nothing. from me.

 

I'm not the officer, I do not know.

I find it odd that the machine even registered a .002 the machine that WA uses simply determines no detectable level at .01 or below. (I know because I watched a state troopers testimony on a DUI case in seattle municipal court. So either wisconsin is using jacked up machines or their guy made a typo....

either way, if your driver still had his CDL it sounds to me like he was never charged with a crime, if he was cited he may be able to fight it very easily. But the issue is, if he contests a citation and wins, will your insurer decide to cover him again?

I think your issue is your insurance..... Do you have the option of bonding this driver with the state in lieu of insurance? Is he worth enough to the company to do that for?