CDL and DUI

Discussion in 'Questions From New Drivers' started by Commuter69, Mar 13, 2015.

  1. Scuby

    Scuby Heavy Load Member

    816
    235
    Mar 10, 2007
    0
    it doesn't matter if you are in a car or a CMV. If you are arrested and convicted of a DUI it'll be 3-5 years before some companies will even look at you. Best thing to drink at home or have someone who is sober drive you to where are staying.
     
    Tonythetruckerdude and flood Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Tonythetruckerdude

    Tonythetruckerdude Crusty Deer Slayer

    2,898
    38,358
    Dec 8, 2012
    hunting...../ retired
    0
    ^^^^^^ if you must drink. Best solution is just don't drink.
     
    GenericUserName Thanks this.
  4. bzinger

    bzinger Road Train Member

    14,509
    52,391
    Dec 10, 2014
    omaha , ne
    0
    yep!...i got stopped at a dui checkpoint in devils lake nd last summer in my pick up and it was .04 ..i blew a .037 after having had 2 12oz bud lites less than an hour before on an empty stomach .
     
  5. flood

    flood Road Train Member

    3,803
    3,323
    Dec 25, 2010
    0
    if you have a cdl it's .04.... doesn't matter what your driving.... and if you blow a .0 ANYTHING and they smell it when driving a cmv you will get a OOS for 10hr.....
     
    lmcclure1220 Thanks this.
  6. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,354
    Oct 23, 2005
    Vegas/Jersey
    0
    This question has the highest misinformation of any other questioned I've seen. Even some LEO's will tell you that since you have your CDL any vehicle you're driving is restricted to .04.. Well it's not. It's .08 in your own vehicle and .04 when in a CMV in most states, in fact just about all of them is .08 for your own vehicle.. There's several ways you can find this out. Go to the state, mostly CMV side of the DMV, and ask to see the law. The law must specially target commercial drivers driving their own vehicle and not in a commercial vehicle. Guaranteed that most states and every reference you find will say while operating a CMV your BLC must be below .04. It may even go on to say that while operating any CMV your BLC can not be greater than .04. The key words here are "while operating a CMV". A good lawyer will have you home and no fines unless that state says "While operating any vehicle" and having a CDL you're restricted to .04.

    It's all BS and the law needs to be clarified. Because if that is the case then while you hold a CDL and are driving any vehicle you fall under all state laws. No driving more than the number of hours, and many many other laws and restrictions the states apply.
     
    Shaggy Thanks this.
  7. UKJ

    UKJ Heavy Load Member

    781
    575
    Dec 28, 2014
    0
    This what I was told as well.
     
    GenericUserName and flood Thank this.
  8. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,354
    Oct 23, 2005
    Vegas/Jersey
    0
    In the last year or so the states have addressed this issue by changing their law to include license suspension specifically to CDL holders and the .04 BAC. So I was wrong in my first statement about the difference with a CDL holder and CMV. The states now say if your license is suspended because of a DUI they will take your license no matter what you drive if you hold a CDL and you exceeded .04. If your company is nice and the courts are on your side for any DUI charge they may grant you to keep your CDL with a special driving allowance to drive back and forth to work. So if your company has another position for you they may keep you in a non-driving position. Yeah sure what company would do that? So as it stands now if you hold a CDL and get stopped in your own vehicle you best blow below .04 or your CMV driving and all other driving will be suspended.
     
  9. bzinger

    bzinger Road Train Member

    14,509
    52,391
    Dec 10, 2014
    omaha , ne
    0
    thanks gashauler ...i know no.dakota revamped their dui laws laws last summer and my blow in the tube applied at .04 and it dont take much !
     
  10. GenericUserName

    GenericUserName Road Train Member

    1,543
    13,062
    May 17, 2014
    Santa Monica, CA
    0
    Honestly if you are so dependent on alcohol that this little difference (.04 vs .08 ) is going to make a difference and you cant just remain completely alcohol-free if you are going to be driving (car or truck) then i dont want to share the road with you.
     
  11. Ubu

    Ubu Road Train Member

    1,252
    1,176
    Aug 25, 2012
    Rumored to be somewhere
    0
    Over .08 for one drink? I guess if you weigh 50lb or less.

    http://www.brad21.org/bac_charts.html
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted