breath test problems

Depends on their state statute regarding CDL holders. SC has a separate state statute for CDL holders driving anything other than a truck but if one is driving a truck that same statute would apply.

 

If it indeed was Virginia, then the statute doesn't differ from DOT guidance.

 

So in VA the federal guidelines is exactly the same as the state statute for implied consent?

 

I wasn't talking about implied consent per se. Just that the level for intoxication for anybody driving a CMV is .04 BAC. Same with a CDL holder. If the op's husband blew a .016 BAC, then they should have sent him on his way. It sounds to me that the inspector was either on a witch hunt or got pissed off at the op's husband.

 

In some states state implied consent statute by CDL holders is a .02 if they are driving anything but has a CDL and that is the state statute governing CDL license holders in general no federal statutes even matter on this type of implied consent case.

 

But even then the op's husband would be under that limit as well.

 

a .016 would on a handheld would give probable cause to test on a way more accurate breathalyzer checking for a .02. BA levels can go up and down.

 

That makes sense. But Virginia is .04, so what would be the probable cause there?

 

if it is a .04 for the state implied consent statute then I would not see a cause unless something was left out.

 

This is where I got the info from.

http://www.valawyers.com/articles/dui-and-commercial-drivers-licenses-law-in-virginia

DMV.org shows the same information. They need to contact a lawyer. This is a potential career ender.