Under the influence of alcohol - out of service.

Like letting the driver run, and in the event of that driver being involved in a crash, explaining why?

Or should the cop have violated their responsibility and presumably a lawful order to record the results of all alcohol detection in a commercial driver?

Abusers of alcohol can and do use OTC medications, mouthwashes, etc., to consume and attempt to disguise their consumption.

"Alcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol."
http://www.gpo.gov/fdsys/pkg/CFR-2010-title49-vol5/pdf/CFR-2010-title49-vol5-sec382-107.pdf (PDF, 184KB)

Then you should have no problem understanding why cops may not trust or respect you.

 

I think the intent of 392.5 is clear... no detectible alcohol in your system. NONE. Under CSA, all it takes is a couple of stops with drivers put OOS for alcohol... not even reaching the level of a DWAI, let alone DUI to hit intervention level on the Drug and Alcohol BASIC. That PrePass will be popping red at every scale... not just yours, but everyone at your carrier.

So you think you're getting away with something? You're screwing over every one of your fellow drivers.

 

You wont beat the charge..it's been around as long as I can remember.
No alcohol period in the truck.

This is something he should have known.

It's tough but the way it is..something all drivers should be aware of.

 

Wrong, not ALWAYS.

 

I looked this up on fmcsa site, any driver will be put out of service for 24 hours for any positive alcolhol reading under .04. you can not be under the influence while operating a cmv. However you want to split the hairs as far as it goes any influence what so ever is not allowed.
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Now you're changing your story.

 

I agree but that would involve work for the DOT.

 

wyoming port almost wanted to put me OOS.

supposedly i smelt like alcohol. becuase i hadn't brushed my teeth yet. and i smoke. i though i'd be courteous to mouthwash my breath before walking in. she said 15 minutes beforehand.

guess i won't be courteous again. don't need that million questions.

 

I do not trust Cops. Not because of anything other then they are the Government. It is not my job to trust the government it is my job to keep my eye on the government. Do I respect cops? I respect people and some people just happen to be cops. They have my respect until they prove otherwise. They do not have my worshipful attitude as they are over paid and under worked. Most government employees are.

The DOT cop was doing his job as taught to him by his instructors. My problem is not with the man doing his job as much as it is with the Congress for failure to do theirs. This is a stupid law. The man was not driving under the influence, he was driving with a cold. There is not evidence at all that anything he did was putting anyone at risk.

I do have problems with those drivers here who are defending this law. Since your body produces ethanol everyone of us is in violation of the law. EVERYONE. The law does not all and in fact prohibits the use of medications that contain alcohol. So the DOT Officer was doing his job. But doing a stupid job is still stupid. Defending a stupid law is a stupid thing to do.

For example why can you only take a 34 hour reset once in a 168 hour period? That is stupid. Why must the reset contain 2 1-5AM periods? That is stupid. Why can a local government kick you out of your house so they can build a quicktrip where you house once stood? That is stupid. I am very anti stupid.

To fight this you have to fight the law. Not law enforcement. I end with a quote by Charles Dickens from Oliver Twist.

“If the law supposes that,” said Mr. Bumble,… “the law is a ###—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.”

 

Is there a non-driving position in the company you can place him in at least temporarily? This way he can stay employed while you fight the charge and OOS (and perhaps the insurance company), and at the very least, he still earns a paycheck while he looks for another driving job (if you do have to terminate his driving status).