DWI myth reviewed

Also in reply to Joetro, the question was intended to be more of a statement. I also have seen drivers with their brown-bag specials, or stumbling around the truck stop pkg lot. #### shame some of these guys out here just don't give a POOP about life in general, theirs or ours. Before you know it, the FMCSA will mandate those ignition-lock breathalyzers the courts mandate for some DUI convictees.

 

I think they should make the BAL .04 across the board but keep the heavier punishments for those that were operating a CMV.


One thing alot of people don't realize is that even getting into your truck after being in the bar and having the keys in your posession can net you a Physical control violation. Meaning that no you are not driving but you are in a position to actually control your vehical while intoxicated. This law varies from state to state but I knwo for sure that in North Dakota you can not actually be in or on your truck with the keys in your possesion and be intoxicated.

 

The same law apply's in jersey. If the keys are in your possession or in the car but not in the ignition then you get a DUI/DWI.

 

Here's the rule http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?section=392.5

 

.04 is DUI in a CMV
.08 is DUI in anything else... car, boat, plane.
.02-.03 will get you OOS in a CMV
And Yes impared/drunk is bad no matter what type of vehicle you are in control of, or in this case not in control of...

 

I get a motel room these days if I want to have a drink or two. It sure keeps me out of trouble with the law. Of course I don't drink much, so not a problem these days...

 

The following is from the FMCSA and this is nationally accepted in all states:

"The FHWA has also established 0.04% as the blood alcohol concentration (BAC) level at or above which a CMV driver is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Act. States maintain a BAC level between .08% and .10% for non-CMV drivers."

I'm not sure that there should be a difference when a driver is off duty or why this does not apply to leo's or judge's, attorney's or DOT inspectors.

For commercial drivers as a whole alcohol consumption and driving is a real small issue. A recent study covering this subject determined that alcohol consumption by cdl holders were .2 of 1%. Meaning that 99.8% of drivers don't consume alcohol and drive.

 

If you are stuck in your truck for your restart at a truck stop can you grab mcd's and a cold one go back to your truck sleeper and enjoy it with a movie ? Or are you in violation because have it in your truck?

 

No alcohol on the truck period unless it's on the BOL and you are hauling it.