Driver charged with physical control under influence

Disagree. Read the entire thread. I respect all members here (including the 2 having a respectful disagreement, as well as yourself) but I think you're off base on this one

 

Not sure about a horse but it's still illegal on a lawn mower... LOL

 

A friend my brother went to college with had to bail his dad out of jail one day because he got a DUI on a horse.
Supposedly tried telling the cop to leave him alone because "the horse knows it's way home"

 

Here horse no but bicycle and lawn mower yes!

 

I have a buddy that got a dui on a bicycle many years ago. He fell asleep riding it and crashed into a parked car. Yep, he fell asleep peddling. Lol. I'm not sure that's worthy of DUI, though I'm sure the high & mighty will be happy to explain to me why it was. He knew he was gonna be drinking and rode his bicycle to the bar to be safe. Still ended up charged with DUI (he beat it, but even that's expensive)

 

Hey, around my buddy's house back home is this guy who has gotten like 10 DUI's. Needless to say, he has no license.. So he drives his Craftsman lawnmower to the bar! He's pretty nice! Waves and says hi when he drives by at 3 MPH! I think it's hilarious. The local sheriff's department all wave at him as they drive by.

 

Part 392
DRIVING OF COMMERCIAL MOTOR VEHICLES
< 391 | 393 >

• Section
  
• Guidance

§ 392.5: Alcohol prohibition.

(a) No driver shall—

(1) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(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; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses 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. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to—

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

Citation: [47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]

Disclaimer:
Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.

 

This intent stuff is crazy. I have a ##### and like women you might as well charge me with rape.

If you get caught driving drunk you deserve the book thrown at you. If you are driving drunk and pullover in the middle of kno where to sleep it off you should get busted because how did you get there. If you get drunk at a bar and don't want to drive and instead decide to sleep it off in your car you should get an award not punishment.

 

Shhhh... Don't give them any ideas!!!!

 

That's true, the guy who trained me was an immigrant from Poland and he told me that in his village there was a guy who would ride a horse and wagon out to the field to work. He'd get so drunk he'd pass out and the horse always took him home.