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

I do... that's why I posted "...the same beer..."

I've been thinking about doing that too. I haven't looked into it too closely, but I know lots of people do. My understanding is that absolute cleanliness of all the vessels is paramount.

 

So to this line of thinking....the statement by the FMCSA (and the rule about States are mandated to adopt) within the Federal guidelines (regulations, Laws) since it is only the commercial motor vehicle....then the rules (minimum applications allowed) would be moot for the issuance of or possession of a State issued CDL....the FMCSA only covers the vehicle?

You are forgetting about the requirements on licensing, registering of Brokers, Carriers, Independent Operators, speed limits, bridge laws....everything is moot unless specifically enumerated in a separate Law by Congress.....

Narrow minded thinking has gotten many in trouble attempting to apply rules/Laws from a different State to the State they were cited in. Also, if your narrow approach were sound....then the only laws and rules you would be obligatory to would be those from the State your license was issued.

Your right it isn't "quoting" the actual law...FindLaw is a recap from case law and an explanation of the law in question.

I guess you didn't see my examples of IL and NV....I'm sure there are others....but these two don't count in this debate?

As I stated, and I respectfully reduced my statement from "all" to "some", and that it is a State by State issue.

I have always been amused by the level of "education" assumed by new drivers or with a lesser degree of experience. Keep in mind, that "INTERPRETATION" of any Law is constantly changing....that is why there are Appellate Courts, and also why there is always the issue of appealing a decision from any court.

 

A agree... those who "interpret" the law professional usually aren't the ones driving trucks.

Be very careful who you take your advice from.

 

State of IL CDL manual section pertaining to this discussion:

1.13 CDL Alcohol Provisions
Illinois law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (non-
CMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol
concentration (BAC). The illegal BAC limit for a CDL holder operating a CMV is .04 percent and .08 percent for a non-
CMV with the following provisions:
Any driver operating a CMV or non-CMV who refuses to submit to a blood-alcohol test or submits to a test with
results in excess of the illegal limit is disqualified for at least 12 months.
Any driver convicted of DUI (regardless of BAC) is disqualified for at least 12 months.
If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for
at least three years.
A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.
A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least
24 hours.
Anyone convicted of driving a commercial motor vehicle with any amount of drug, substance or compound resulting
from unlawful use or consumption of cannabis listed in the Cannabis Control Act or controlled substance listed in
the Controlled Substance Act is disqualified for at least 12 months.

 

As so many others have said....please provide the link to verify this is accurate.....it does look to be "self typed", and does not quite match-up to what I researched......

Better yet....go be your own truckstop lawyer and open a kiosk and charge for your legal advice....I'll follow the Laws and not worry about the "what ifs".....

 

Sate of NV CDL manual section on legal/illegal BAc :

It is illegal to operate a CMV if your Blood Alcohol
Concentration (BAC) is .04% or more. It is also illegal to
operate a non-CMV if your BAC is .08% or more. You will
lose your CDL for one year for your first offense. You will lose
it for life for your second offense. If your blood alcohol
concentration is less than 0.04% but you have any detectable
amount, you will be put out-of-service for 24 hours.

 

Ah the joys of zymergy! I am a home brewer myself. I have a batch of chocolate stout bubbling away in the closet now.

 

This discussion is mute: You are a professional, you know the deal. DUI is DUI, period! Don't do it!
In any case, in today's world it's stupid to drive any vehicle while under the influence of anything that could be detected in a drug test. Weather the law allows for .04, or .08 doesn't matter.

 

It's from the state web site; so is the one from NV. Look it up yourself. You are very pompous. And in this case wrong as well.

 

This was taken directly from the CDL manual from Illinois.
Link is here
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_cdl10.pdf

I will research your other case also but I believe that we will find the same thing. Much hearsay about that it is illegal to operate a normal vehicle with a .04 or higher bac but when researched its just that hearsay.