Drinking limit

The text book we had it said.....any trace puts you out of service, .04 your legally drunk in a commercial vehicle or your own personal vehicle. They will charge you with a DUI for .04, any trace as I understand it puts your commercial vehicle OOS.
If your in your personal vehicle and have a trace or under .04 your ok.

Hope this helps.....but just make your mind up...you either drink or you drive never both.

 

At least in Maryland, it's .08 in a personal vehicle. The .04 thing only applies to commercial vehicles. Having a CDL in this state does not lower your limit in a personal vehicle.

That information is straight from the CDL manual, although it is really hidden.

If you ask most people, I think you'd get one of two answers...

1. They have no clue about the .04 thing
2. They think the .04 thing applies to personal vehicles if you have a CDL (this is what I was taught in school)

Both of these are wrong, and I bet a lot of cops make the mistakes of thinking along these lines, so they could real easily think you are over the limit when you are not. IMO, this makes it very risky to be over the .04.

Keep in mind that you also have to deal with DUI and DWI. I might have them backwards, but I think that DWI has to deal with your BAC, and you can get a DUI at any BAC if you are impared by whatever amount of alcohol you have in your system. I wonder if you get busted DWI for the .04 thing, and they realize their mistake, if you might be at risk for it being changed to a DUI.

Oh, I'll add that I have seen someone non-CDL get busted for .07 in their personal vehicle.

My opinion, with no facts to back it up, is that they make this .04 vs. .08 thing confusing on purpose, just to discourage drinking and driving.

 

I think every state is different.
At least if I remember correctly this is what was decided in the past thread on it.

 

Well, I don't think it is confusing here in ND. If you are a CDL holder your limit commercial/private vehicle is .04. Your pulled over driving a commercial vehicle any trace will make that vehicle be out of service.

DUI vs. DWI now that I don't know about. I know several people here that got their DUI reduced to Reckless driving with a good attorney.

 

I know in MO that if you register anywhere from .001 to .079 (this is non CDL) you can be charged with either a BAC (blood alcohol content) or DWI. Just depends on the circumstances surronding the stop by the police. The only difference is the sentencing and fine structure. Correct me if I am wrong (and I am sure someone will LOL) I thought I read that the new CSA 2010 law or rules, whatever happens ticket wise in a car will not affect your CDL.

 

i agree chompi!!!! if one chooses to drink,weather it be at a party,social event,car show,truck show,batchlor party,,what ever the exscuse is to drink,,,,,,,,,,bottom line why take the chance let someone else drive,,,,,,,,or do it at home ,just make sure you have enough for your enjoyment,and if it requires a second trip to the local conveinet store,,get someone else to give you a ride,,,,,,,,,,,,,,my point being, you can go have fun just be smart enough not to get behind the wheel!!!!! now a days it starts a $10.000 to try and get off with a regular operators lic,,,,why screw up something thats hard to get in the first place

 

In most states, simply being a CDL holder places you in the category of .04 in your private vehicle. I'm not going to flame you for asking an honest (and good) question. Best practice is just don't drive after you've had anything at all.

Regarding while operating a CMV, zero...nothing...nada. Keep it straight until you get home. Even there, best idea is at least 12 hours between the bottle and the throttle. Remember it takes roughly an hour for an average size man to burn .01 BAC off. If an average size man drinks four beers in an hour's time, his BAC will be somewhere around .07. That means seven hours before you drive your CMV.

Thank you for asking.

 

Every State is different for the non-commercial license...most are .08%, but a few are still .10%...as far as the CDL holder...well we fall under a FEDERAL REGULATION, per the FMCSA:

The CDL you have in your pocket is exactly that, a Commercial Drivers License, you don't have a non-commercial license to present when operating your personal vehicle...it is a commercial license, so anytime you are operating ANY kind of vehicle, it is considered operating under the commercial rules and regulations.

One thing for sure...even the FMCSA doesn't use spell check! No I didn't change that...that is how it is on their page!!! ROFLMAO

 

this from the maryland CDL manual:

An alcohol concentration of 0.08% or more while operating on a commercial driver license, regardless
of the vehicle type, will:
• Disqualify you from driving a commercial motor vehicle for one year for the first offense, and;
• Disqualify you for life for a subsequent offense


so in maryland, a driver will still be screwed..........

 

many states say the same thing, CDL license, .04...........period. there is NO difference in vehicle type..........however, the state of mary-land wishes to be a tad bit different..........but those drivers are still screwed for 1 year as well, if over .08.......on a commercial license.