CDL and DUI

it doesn't matter if you are in a car or a CMV. If you are arrested and convicted of a DUI it'll be 3-5 years before some companies will even look at you. Best thing to drink at home or have someone who is sober drive you to where are staying.

 

^^^^^^ if you must drink. Best solution is just don't drink.

 

yep!...i got stopped at a dui checkpoint in devils lake nd last summer in my pick up and it was .04 ..i blew a .037 after having had 2 12oz bud lites less than an hour before on an empty stomach .

 

if you have a cdl it's .04.... doesn't matter what your driving.... and if you blow a .0 ANYTHING and they smell it when driving a cmv you will get a OOS for 10hr.....

 

This question has the highest misinformation of any other questioned I've seen. Even some LEO's will tell you that since you have your CDL any vehicle you're driving is restricted to .04.. Well it's not. It's .08 in your own vehicle and .04 when in a CMV in most states, in fact just about all of them is .08 for your own vehicle.. There's several ways you can find this out. Go to the state, mostly CMV side of the DMV, and ask to see the law. The law must specially target commercial drivers driving their own vehicle and not in a commercial vehicle. Guaranteed that most states and every reference you find will say while operating a CMV your BLC must be below .04. It may even go on to say that while operating any CMV your BLC can not be greater than .04. The key words here are "while operating a CMV". A good lawyer will have you home and no fines unless that state says "While operating any vehicle" and having a CDL you're restricted to .04.

It's all BS and the law needs to be clarified. Because if that is the case then while you hold a CDL and are driving any vehicle you fall under all state laws. No driving more than the number of hours, and many many other laws and restrictions the states apply.

 

This what I was told as well.

 

In the last year or so the states have addressed this issue by changing their law to include license suspension specifically to CDL holders and the .04 BAC. So I was wrong in my first statement about the difference with a CDL holder and CMV. The states now say if your license is suspended because of a DUI they will take your license no matter what you drive if you hold a CDL and you exceeded .04. If your company is nice and the courts are on your side for any DUI charge they may grant you to keep your CDL with a special driving allowance to drive back and forth to work. So if your company has another position for you they may keep you in a non-driving position. Yeah sure what company would do that? So as it stands now if you hold a CDL and get stopped in your own vehicle you best blow below .04 or your CMV driving and all other driving will be suspended.

 

thanks gashauler ...i know no.dakota revamped their dui laws laws last summer and my blow in the tube applied at .04 and it dont take much !

 

Honestly if you are so dependent on alcohol that this little difference (.04 vs .08 ) is going to make a difference and you cant just remain completely alcohol-free if you are going to be driving (car or truck) then i dont want to share the road with you.

 

Over .08 for one drink? I guess if you weigh 50lb or less.

http://www.brad21.org/bac_charts.html