Beer In Sleeper 392.5a

Discussion in 'Trucker Legal Advice' started by whtlinefvr, Mar 13, 2015.

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  1. Skate-Board

    Skate-Board Road Train Member

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    Better call the DOT and Swat team. Here in Hubbard, OH and it was a freaking beer fest last night.
     
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  3. 59halfstep

    59halfstep Light Load Member

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    Driver, what people are trying to tell you is just not getting through.
     
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  4. 59halfstep

    59halfstep Light Load Member

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    Ya and you can bet he will have an open beer under the griddle on the shelf. Bottoms up OP.
     
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  5. KW Cajun

    KW Cajun Road Train Member

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    You are correct on that criteria, however you highlighted (in red) it a bit inaccurately, relating the wine's .5% with the word beer.
    Luckily, as per 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954 (for beer), the threshold for 'beer' is also .5%.

    This borders on nitpicking, but just setting the details straight. It should have been highlighted/separated as follows:

    wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)( 8 ) of such Code.

    It all really is dominated/overruled by subscript section (2), pasted below.
    (a) No driver shall—
    (2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle

    So HOW can any driver risk the risk of being tested, even bookoo hours later, and have his/her blood alcohol at any level of 'presence'. Even .01
    Nope, not worth it.
    Besides that, the OP is not talking about drinking or possessing .5% 'near beer'.
     
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  6. Cranky Yankee

    Cranky Yankee Cranky old ######

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    i'm gonna go get drunk and forget about this thread
     
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  7. KW Cajun

    KW Cajun Road Train Member

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    Agreed... everyone has chimed in with their views... and it has served farrr more than a 'normal' life.

    Thread closed.
     
    Last edited: Mar 17, 2015
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