2 beers, on day off, in personal car = fired

Discussion in 'Questions From New Drivers' started by 4wheelJoshua, Aug 4, 2011.

  1. 4wheelJoshua

    4wheelJoshua Light Load Member

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    A friend of my dad's in Ohio was at Applebee's on his day off work, had 2 beers during lunch with his in-laws. On his way home in his persona car ( a little Honda) over an hour after finishing the 2nd beer was stopped, was almost let go till the officer noticed the license was CDL.

    Had him blow, took him in for DUI because he had a CDL. He was fired a couple days later upon conviction. The court said because it was a CDL he had no business drinking anywhere beit a bar or his home. He works/ed at a local ag co-op delivering grain and chemicals. I know for fact most of the story as I told is fact, there were even people writing the local paper complaining at the injustice this guy was getting.

    Is this for real??? I know he appealed it with the employer, but seriously? It was his 3 day weekend and he never even got a buzz! If it is that strict how is it they sell alcohol in truckstops? Hell I have even seen drivers tipping up a tall can of bud in the tractor!

    I am pretty sure the guy got his job back a few months later, but I don't think the conviction was overturned.
     
  2. Saienga

    Saienga Medium Load Member

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    driving under the influence is driving under the influence. I notice you didn't mention what the guy blew.

    It seems, from what you wrote, that he was DUI regardless of his license type, and that the cop was going to let him go irresponsibly until he noticed the class on the license. ##*hat move on the cop's part, to be a hypocrite like that, but shame on the man for drinking and driving.

    (Yes, I jumped to conclusions. No I don't care. It's a third person speculative post.)
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Probably a bit vindictive by the officer.

    When you have a CDL and in a personal car, the dui rate is the same as a personal license.

    However, a ticket when in a personal car goes back on the CDL no matter what.
     
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  4. Emulsified

    Emulsified Road Train Member

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    Any holder of a CDL should know that your level of intoxication is half of what a class C license is. So if your state is 0.08, a CDL holder is 0.04.
    At that level, I wouldn't think a teetotaler could have a buzz.
    But those are the rules, like them or not.
    So if you hold a CDL, the best thing you can do is not drink and drive...period!
    Drink with a designated driver or use a cab or drink at home.
    In this day and age of PC, no one is going to cut slack for a "drunk" driver.
     
  5. Roadmedic

    Roadmedic Road Train Member

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    Sorry, but this not correct. The license is treated the same until in CMV.
     
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  6. Big Don

    Big Don "Old Fart"

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    Joshua, right wrong or indifferent, it is the way it is. And I'm betting that his firing was due to the companies insurance. Unless they were looking to get rid of him anyway. Just another of the things you need to think about, before you get your heart set on trucking.
     
  7. Jarhed1964

    Jarhed1964 Road Train Member

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    I'd fight to get that conviction overturned. As far as I know, NO state has a law prohibiting CDL holders from drinking. That is a bunch of bull excrement. That judge needs to be impeached.

    What a crock of.......


    If he was over the limit, no problem. Convict him, but don't toss crap like that out there.
     
  8. Big Don

    Big Don "Old Fart"

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    Easy there Jarhed. I'm sure we are not getting the full story here.
     
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  9. whosedog

    whosedog Medium Load Member

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    It depends on which company you work for.My friends brother failed a random drug test,but they kept him on because of his otherwise spotless work history.They didn't even send him to a program,now he doesn't smoke weed anymore .Why he thought it was OK is beyond comprehension,now he still drinks when he's off duty but in moderation.Mostly drinks when his GF and her 6 kids are getting under his skin,why he is dating a girl who has 6 kids is beyond me.
     
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  10. Captain Canuck

    Captain Canuck "Captain of the Ship"

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    What I'm reading into this is right now, after having 3 beers this afternoon, if I got in my car and drove to the store, about a mile away, and got pulled over on the way, whether I blew over or not, I'm gone from my job? Think I'll test it out.
     
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