DWI myth reviewed

I think the federal law applies to any state that accepts federal highway funding.......

 

If it has been previously opened then it is a violation. "Open container". But, because I can't say with 100% certainty that having a 'factory sealed' container in a truck is legal, as I would assume, I won't. Neither, for the same reason, would I have any alcohol at all in my truck, sealed or otherwise. I met a driver and saw his citation from the Arizona port of entry, where his vehicle was inspected and an empty beer bottle found, with a miniscule amount in the bottom and he was cited for "Open Container". (He was returning to his terminal to turn in his truck as he was fired for the violation.

 

Should the penalties be the same for a college kid DWI in a Volkswagen, and the commercial driver DWI hauling 40,000 lbs. of gasoline in a tanker? If it is unfair to have different penalties for those drivers; is it also unfair that minimum insurance coverage for personal injury and property damage are also different? The college kid pays around $400/yr, the commercial driver pays $4,000,000/yr? Ya gotta think it thru! With greater responsibility comes greater accountability.

 

I stopped at the "Little America" in Flagstaff one year for lunch. Afterwards, I went south on I-17 towards Phoenix. I got pulled over just a few miles later and given a "road-side" inspection. Apparently, while I was at Little America, someone placed a paper sack in my chain-box with 4 empty bottles and two full bottles of beer.
I got a ticket for Possession of alcohol in a CMV, and on the ticket, the officer listed "Two Un-Opened, Four Opened". For some reason, Arizona doesn't differentiate between empty and open containers. (That is what the Court in Camp Verde told me.)
It took almost TWO YEARS to get the "OPEN CONTAINERS" cleaned from my driving record and DAC.
In fact, someone called "Arizona Division of Courts" reported to USIS that I was ticketed for "Operating with-in 4 Hours of Consuming Alcoholic Beverages".
According to Arizona, there is NO "Arizona Division of Courts", but they appear to be a private entity contracted to USIS.

Now that I think about it, since I was still just a few miles from "Little America" when I got pulled over, I suspect that I was "set-up".

It would do that driver good to immediately pull his DAC and get ready for a fight with USIS.

 

However, the incidents of a truckdriver driving a COMMERCIAL VEHICLE while drunk/impaired are relatively small.
What the discussion is about; is a CDL driver having a greater penalty for DWI/OUIL while driving a civilian vehicle.

 

draggin you would be suprised theres a bar in temple tx at a truck stop. i see it alot drivers going into the bar and hopping into there truck and taking off kinda crazy but it happens

 

IIRC, years ago, there used to be a bar in the Frazier Park, CA Flying J. There used to be bars in others, too, but that's the one I remember most.

 

You need to look at each state. I know Michigan passed a law back on 10/1/2005 that states a CDL motorist who is convicted of a civil infraction or other offense occurring in a NON-COMMERCIAL vehicle will be treated as if that person was operating a commercial motor vehicle at the time of the violation. However, this law only addresses a conviction and does not talk about BAL. It's a good question and I have not seen anywhere that a state has two standards for what type of license you have. I'll keep looking thou.

 

Totally missed that. Taken in that context I am in complete agreement. In fact, any tickets whatsoever are counted as being in a commercial vehicle. AND you still can't go to traffic court. That truly makes no sense whatsoever; it would appear to violate our right to equal protection under the law and is overtly discriminatory in that we are being held to a higher standard.