Citation for possession of alcohol while operating a CMV...

Diesel Dave · Sep 8, 2024

smokey12 said: ↑

You just really can't have it.in your truck at all. If it's open it falls under the open container law, if your under the influence in the truck you can be arrested for DUI if you have access to the keys and the vehicle is operational . In a cmv you only have to register a .02 to be DUI.
Was the alcohol in plain view? It's best to keep that stuff at home or if you have a beer on the road save it for a hotel on a 34hr reset. If your just dying for a brewski have 1 and only 1 for the shower. If you can't stick with that while on the road there's a problem.
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Isn’t it .04, asking for a friend…..

snicrep · Sep 8, 2024

Lazer said: ↑

1st., even on a 34 reset, no alcohol in a truck EVER!!
2nd., I take it you not at home for the reset?
3rd., a 12 pack in less than a day and 1/2? You have a problem.
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I'd have trouble consuming a 12 pack of Dr pepper.

smokey12 · Sep 8, 2024

Diesel Dave said: ↑

Isn’t it .04, asking for
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lol I stand corrected you are correct.as retired.LE I should have remembered that been retired 9 years now..thanks ill edit that. Unless the officer can prove DUI otherwise ie failed sobriety tests mixed with drugs etc. it's. 04 not .02.

kemosabi49 · Sep 8, 2024

Diesel Dave said: ↑

Isn’t it .04, asking for a friend…..
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No alcohol consumption within 4 hrs of driving and no detectable alcohol in your system. It is .04 for a DUI in a commercial vehicle. .02-.03 will get you shutdown for 24hrs, a big fine and fired from most companies.

Jamie01 · Sep 8, 2024

Diesel Dave said: ↑

Isn’t it .04, asking for a friend…..
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.04 is DUI, anything over .00 is OOS.

snicrep · Sep 8, 2024

Ridgeline said: ↑

This isn't personal, I had to put up with this just this past week, so ...

It should.

I think it should be a show stopper, mainly because of insurance.

Yep it will. It is a ticket.

3 to 5 years as it appears on your DVR but if the company or insurance does a background check it will show up even if it has been "expunged'.

Depends on the state, so check with them.

So do you do a pretrip?

Why were the cans in plain sight?

Did you invite them to do a sleeper inspection by your behavior?

No that's utter bs, you are in control of the truck, were not relieved of duty so you do know that there is NO alcohol in a truck - PERIOD.

Yep, and I will ask again, do you go a pre-trip, because cleaning up the cab should be part of it.

I thought it was, it should be.

Yep, some people can't be professional, I just flew out a couple of drivers to recover a truck in Arizona, the guy was on his 34 but he use PC (which is only allowed to find parking) to get some beer and food, he returned and someone saw him drinking a beer while walking around the truck (can't miss it in the video), told him to take the crap into the cab and he got belligerent with them so they sent the video to the company email which I saw it at 9 pm Wednesday night. I have zero, zip, not a bit of tolerance and everyone knows this so in the company, I have put drivers out in the cold and rain before and warned them no alcohol ever for any reason. So Thursday morning they arrived, he was not in the truck but taking a shower so they opened the truck, found the beer, and secured the truck. He returned and he was fired on the spot, the sheriff kept him out of the truck, the guys took his crap out - including the piss jugs, gave him boxes then had him sign off that everything that he had been handed was his. They took pictures of everything before and after then they took the truck, the truck was a mess. They delivered the load Friday morning and snagged two small loads out of Texas to bring the truck back for another driver. I have no clue what happened to the driver, I assume he got the hint that he needed to get back to Maryland on his own. Friday the payroll lady figured out what was owed, and sent the money to his bank. If a future employer calls, the term "broke strict company policy" will be used and if they want to know what that was, I require a letter on a letter head to tell them, I won't trash the guy but only tell the truth.

I will, when my insurance goes up 10% because of incidents like this, I take it really personal.

I know there are a few in my fleet, I caught maybe a half a dozen through either the cops or someone complaining. I also had two or three drivers who were drunk and did a lot of damage with the truck so ZERO TOLERANCE is important to maintain.
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Pc can be used to get food/supplies. My company are kind of stickers about the rules and they're fine with that.

wore out · Sep 8, 2024

Everytime I look in the mirror my boss says todays your day you’re on thin ice……..threaten me with a good time I tell ya.

Just an opinion here but lots of Dudley do rights….that really doesn’t make you any better……never mind preaching and alter boys or however that goes ima find my shine bottle hear and go back to work on my truck off #### duty

snicrep · Sep 8, 2024

smokey12 said: ↑

You just really can't have it.in your truck at all. If it's open it falls under the open container law, if your under the influence in the truck you can be arrested for DUI if you have access to the keys and the vehicle is operational . In a cmv you only have to register a .04 to be DUI.
Was the alcohol in plain view? It's best to keep that stuff at home or if you have a beer on the road save it for a hotel on a 34hr reset. If your just dying for a brewski have 1 and only 1 for the shower. If you can't stick with that while on the road there's a problem.
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Shower you say?

Allow Me. · Sep 8, 2024

Diesel Dave said: ↑

All this talk about alcohol just made me fall off the wagon for the weekend.

Disclaimer: I’m at home time at home.
View attachment 528067
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###### son, I'm in Rancho Mirage Ican be to Hesperia about 2 hours .....and help you embibe !

Lav-25 · Sep 8, 2024

Ridgeline said: ↑

yeah, that's the thing, I warned these guys not to do it, I said if you want to drink on your reset, get a hotel and I will pay for some of it, but nope, no one has yey taken me up on the offer.

I had one driver this morning call me with a flat, I asked her why the hell she was calling me. She said road service couldn't pull her out of the ditch she got into trying to make a U-turn to go back to the T/A to get the flat fixed. Now this and the other moron driver who I fired 10 days ago came from a small fleet and they both begged me to keep them on so stupid me, I did. To get it out of the ditch wasn't bad, $1100 but the road service bill for two new tires and one new rim is $1700.
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Thats what gets me sometimes , you tell some one if you do this , this will or might happen , so do it this way , and sure as god makes little green apples they'll do it thier way and wow , it didn't work and all you can do is wonder , wtf ?

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