BAC limit with a cdl in a class D vehicle

Discussion in 'Trucking Industry Regulations' started by livelikenooneelse, Oct 18, 2008.

  1. livelikenooneelse

    livelikenooneelse Bobtail Member

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    I had heard of a friend of a friend of a friend getting pulled over driving a class D vehicle with a CDL and getting charged with DWI at .04 because he had a CDL.
    From what I've read of the DMV books when you are in a class D vehicle the legal limit is .08 .
    I was wondering if anyone has stories of that really happening? Is it legal to drive a class D vehicle with a CDL at .05 and what would you do if that happened?


    livelikenooneelse
     
  2. honor roll

    honor roll Road Train Member

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    My hubby told me that you have to follow the rules in your personal vehicle just like you would in your work vehicle with a CDL
     
  3. Lilbit

    Lilbit Road Train Member

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    Check out FMCSA's site. They have all the regs there. I'm not sure what the legal limit is anymore for CDL holders. I don't drink and drive period. Being a rather small female, it doesn't take much to put me over the legal limit for non-CDL holders!
     
  4. GasHauler

    GasHauler Master FMCSA Interpreter

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    Everything depends on the vehicle you're driving. If you're in your own POV then the laws are what everyone elses are. If you're in a commercial vehicle then the laws for commercial laws apply. You are not held to .04 while driving your own vehicle. The BEST solution is not to drink and drive ANY vehicle.
     
    Lilbit and The Challenger Thank this.
  5. RickG

    RickG Road Train Member

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    Some states can charge you with "DUI less safe" even if you are below the state's BAC limit . It is the discretion of the officer to determine if you are less safe after drinking any amount . Google "DUI less safe for more info .
     
  6. GasHauler

    GasHauler Master FMCSA Interpreter

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    But isn't that with any license?
     
  7. MGASSEL

    MGASSEL Road Train Member

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    actually I belive the .04 applies no matter what kind of vehicle you are driving at the time once you have a Cdl license.

    That is the way it states in the cdl manual for Colorado and i am sure it is pretty much the same nation wide for cdl holders.

    the reason being since all of us are suppose to be proffesional drivers we are held to a higher standard.
     
    rikdev50s Thanks this.
  8. Roadmedic

    Roadmedic Road Train Member

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    You have hit on a gray area. In September 2005 it was changed to reflect no difference as far as the CDL vehicle and private vehicle.

    However, a dui while in a personal vehicle would most likely be held to the same level as a regular license. Of this I am not sure, but it becomes a very interesting question of which I think I will look into. I do not drink or anything, but my curiousity is spiked.
     
  9. Scarecrow03

    Scarecrow03 Road Train Member

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    This may come to a surprise to some of you on here, but I have received a DUI while in my POV with my CDL. The legal limit for me was .08, since I was in my POV. I was able to get a suspended sentence and never lost my license as a result of this. I was lucky and learned my lesson.

    So, I can tell you with absolutely certainty that there is no FEDERAL ordinance that states .04 is the limit for CDL holders. I can't speak for all states, but I know that Iowa and Illinois and Indiana are .08 if you're in your POV and .04 in a CMV.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    Was that pre or post September 2005?
     
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