Alcohol prohibited from trucks during down time?

OK I looked at the FMCSA site and if you look at 392.5 it points out all of the if's and wherefores of what it considered DUI for a CDL holder. NOW the physical control of a commercial motor vehicle is really hazy about the being parked and in the sleeper part and if you Google Physical Control of a commercial vehicle you will get a lot of different hits from different cases where someone was arrested while sitting in their car and truck and in most cases they were exonerated or found not guilty of DUI because of not actually being in control when behind the wheel UNLESS it was proven beyond a doubt that they actually drove to where they where while drunk.

So I called my local State Patrol office a few minutes ago and asked the duty officer what Physical Control meant in regards to a commercial driver IN THE SLEEPER and he said that their rule is if it's certain that the driver is/was parked BEFORE going into a bar and returned drunk. The officer could look and see that the truck was parked and NO KEY in the ignition or any intent to drive such as in the bunk asleep then Missouri had no problem with the driver as long as he didn't start to drive with any thing above a .04 but he did admit that even then it wasn't wise if he has an accident and whoever he hit or was hit by didn't sue! It's guaranteed that the driver and company will lose in court! He also said that it would be different with different agencies (police or sheriffs depts) in the state and other states.

The out come of my search is WHY take a chance for a stupid beer or drink while off duty? If you just HAVE to have a drink then you might have a bigger problem that could bite you in the arse later!

Remember that CDL is what you need to make better money than at MickeyD's! At least till the end of the year before CSA2010 goes into effect!

 

Im drinking a Budlight right now....BUT I AM HOME

 

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Hmm, interesting thread, lots of good points. I can understand the thinking that "hey I out in my 14 hours, I am going to my home away from home sleeper berth, so why not enjoy a beer or two while I watch tv and before bed"
I don't see a problem there, only that is not why the law is there, the law is there because of the driver who drinks till 4 am, sleeps an hour or two and then hits the road impaired from lack of rest and hung over if not still drunk.
I agree that my cdl is important to me, so why risk it. I should take all precautions, so if I must have a beer, glass of wine, or whatever, then I should invest in a hotel room to have my drinks and sleep it off before I go to my truck. If the hotel room seems like a waste of money just to have a drink or two, then I should evaluate how important having a drink is to me, certainly not worth losing my cdl if it's not worth a hotel room.
Doesn't matter if I like or agree with the laws, they are what they are, and I am responsible for not jeopardizing my cdl and obeying the laws.

 

If only everyone had the same thinking!

 

Not technically accurate. For example, open containers are permitted in some passenger vehicles (limousines for example) so long as they are in a segregated area from the driver.

Also, it's not illegal for a passenger to be intoxicated (at least not in a non-commercial vehicle.) If it were, designated drivers would be in a ton of trouble.

This doesn't help any of the people in this thread though. Just pointing it out. Personally, I don't drink at all, so I often end up as the designated driver.

 

Reason why a passenger can be intoxicated is because there is a non intoxicated driver. If there is no driver in the vehicle and the keys are in the reach or posession of the intoxicated person that is in the vehicle then it is considered Actual Physical Control and carries fines and penalties that are close to DUI.

 

I love beer but I am one of those people who does not consume alcohol. I'm always drinking a cold one in the truck. Non alcohol beer that is. It's really good,good for you,refreshing and totally legal. After 30 years of drinking it I can't stand the taste of a regular beer when I take a small sip just to try it. Oh I forgot to add it's really cheap also.

 

In PA non-alcohol beer will still get you an open container fine. The reason is that the beer still has some level of alcohol, it's less then 1%, but it's still there.

Mark

 

Not the ones I drink. They are brewed in Europe and the alcohol content is 0. The ones brewed here and in the USA have .5%. Because of a medical condition I have I can't have any alcohol so I drink "near bear" from Germany.

 

I still don't think its worth the risk of being questioned.