Husband got a DUI

The guy that lives behind me got popped for dui in his personal vehicle a half mile from his driveway headed home from the bar.

He lost his cdl and subsequently his job. This was in NC.

 

And the one who goes home with the girl is..........,,lol

I would have expected no less from the man Chinatown hehehe

 

I think we all know just what milkshake he was thinking about...

 

But why in the world would ANYONE want to go to a Shoney's? Particularly since they decided to pull out of the "good" states!

 

They're still here in the south. Those are the only states that matter hehehe

Sorry Don you handed me that one lol

 

I'll give you the point that the BAC level is determined by the vehicle being operated. non-CMV .08, and CMV .04, however, you are wrong regarding what I have in bold ... "There are no prescribed penalties that affect a non-CMV."

Column 2 and Column 5 both regard the use of non-CMV. 1st offense (conviction) 1 year suspension, 2nd offense (conviction) LIFE. ​

Playing the semantics game I see. Cute..however, to the "extent they may affect on-duty performance" is wrong at least for CA CDL holders. A driver holding a CDL from CA can be shut down for 24 hours if he blows a 0.01% BAC. In other words, have a glass of wine or a beer with your meal, go back to your truck and get in, you can be nailed with (in common terms) "in and about" under the influence. CA law regards by having the keys in possession gives the person the ability to operate the vehicle. Chicken**** I know, but after all, it is CA! Almost makes ya want to move here....right(?)

 

No, I am not wrong. As is clearly stated in the table and in my post, the prescribed penalties affect CMV use ONLY. They do not affect non-CMV use. Again, as is clearly indicated in each column heading, the prescribed penalties include the statement "...must be disqualified from operating a CMV for..." Not one of the prescribed penalties says anything about disqualification from operating a non-CMV. What they do state is that any such penalties incurred in either a CMV, or non-CMV, must be counted for the prescribed penalties affecting CMV use. Get caught drunk driving in a CMV? There's a prescribed penalty the FMCSA can apply barring you from driving a CMV. Get caught drunk driving in a non-CMV? There's a prescribed penalty the FMCSA can apply barring you from driving a CMV. What the FMCSA cannot do is apply a penalty barring you from driving a non-CMV... it is out of their mandate.

Not semantics. The FMCSA does not, cannot, regulate what a CDL-holder does on their time off. What they can, and do, regulate is the condition of that driver at the time they attend work and/or perform a safety-sensitive function. There is a gulf of difference in there and it is the very reason the FMCSA Regulations are written in the manner they are. They define what constitutes on-duty activities, they do not define what constitutes (acceptable) off-duty activities. It is the reason there is no regulation stipulating that a driver must rest when they are off-duty, but there are regulations stipulating that a driver must be sufficiently rested when they come on-duty. That is also why the only answer to give to any variation of the question, "what did you do when you were off-duty?" is, "I was off-duty." The FMCSA has no jurisdiction beyond that stated in the regulations. Sadly, it doesn't prevent over-zealous enforcement officers from fishing and it doesn't prevent ill-informed drivers from hanging themselves. It is also the reason that CMV BAC limits do not apply to CDL-holders when not in a CMV. Simple, really.

Although far from an exhaustive search, this is all I came up with respect to CA BAC limits:

Blood Alcohol Concentration (BAC) Limits

It is illegal for any person to operate a vehicle with a:

BAC of 0.08% or higher, if the person is age 21 or older.
BAC of 0.01% or higher, if the person is under age 21.
BAC of 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
BAC of 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)—with or without a CDL issued to the driver.

https://www.dmv.ca.gov/portal/dmv/detail/pubs/hdbk/actions_drink​

 

Too long to quote the post so...

Let me ask; do you think that a CDL is a federal document issued by a State? Therefore, if a CDL is suspended or revoked, the "driver" can just go down and get a regular Class C to restore a privilege to drive?

Most states list at least a 90 day loss of license for the first offense, increasing with each conviction. In CA complete loss on the 5th. [wonder if that was an intentional pun?]

The bottom line is...get a DUI you lose your privilege to drive for a specified time. And to drive a CMV it will be at least 1 year before you can apply for a new CDL.

 

I like the way you think.I say let him pay the fine by jail time.Sounds like hes been thru this more this just this one time.If you help him hes not going to learn responsibility.Wash your hands of everything and tell him to grow up.

 

I think we're getting CA (Canada) and CA (California) confused with each other here.