The way I see it that a police person could give you a citation for it being in your truck. Read the post by Rick G with the link to FMCSA rule 392.5. and make your own call.
I'm not saying it's right or wrong, thats for you to determine.
DWI myth reviewed
Discussion in 'Trucking Industry Regulations' started by Baack, Jan 4, 2009.
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Note the regulation says you can't be in possession while on duty . It says nothing about being off duty but I wouldn't want to have to be in a dispute over it .
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Yep that's why if I'm going to have a few I get a motel and no problem. That's also why I said he needs to make his own determination on the rule and decide if he wants the possible hassle. Thank you, for clearing that up too.
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I just ran the numbers for the percentage of cdl holders who consume alcohol and get caught each year and it's kind of scary if I'm reading the numbers correctly.
If there are around 550,000 truck drivers on the road on average per year, minus the current conditions, that would mean that at any given time there are about 1,100 cdl holders on the road that have a measurable amount of alcohol in their systems.
Drug consumption by cdl holders is at 1.7% which would be 9,750 drivers.
Got these percentage rates from the reported positive urine samples that were given by companies and reported to the FMSCA on average for the past 3 years reported. All the numbers were pretty consitant over time.
Last edited: Jan 11, 2009
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You don't even think about how many don't get caught .
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You can not legally drink in your truck even when it is parked. It is not considered an RV and it is not a bus. It is a motor vehicle (comercial one at that) and an open beer or bottle in a parked truck can net you an open container violation.
I quess the way I see it. If you really need to have alcohol then get a room and you better have completely slept it off before going to the truck to go to work. Meaning even the slightest light headedness in the morning is a sign of still being under the influence and it can cost you your liscense. Get pulled into a scale and brought in and you smell like alcohol and you can be made to take a BAL test.
Two beers will put most people at the .02 level which means being put out of service. Sit and drink 6 or more in the bar/steakhouse and you may still be at the .02 level in the morning or even higher.
Just remember that you don't actually have to be feeling the effects to be over the limits. If you ARE feeling the effects then you ARE over the limit.
Now mind you I am not getting on people that drink. I love to sit down with friends once and awhile and tip a few myself. Actually perfer Lord Calvert and coke (wiskey coke). Can't stand beer unless it is more then 80 degrees outside and there is frost on the side of the bottle. And none of that horse piss lite stuff either.Baack Thanks this. -
You were told by whom? It depends on the state laws in this instance. Perhaps MN has a state law that allows this under their CDL rules. Remember.........a state may pass a more restrictive law than the federal law, but not a less restrictive law unless the federal government preempts the states from doing so. There is no federal law that preempts MN from doing this in this instance. Check with the MN State Police.
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That's enuff to make you think about going down the road sober. Scary to think that there could be that many driving around under the influence...
Just some more to think about while logging all those miles. Learned today the company I work for let a driver go for driving after drinking, and another on go for Technically drinking while on duty. They have always stated a zero tolerance for alcohol. With jobs getting harder to find who needs this on a DAC report.
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550,000 drivers on the road??
Re-check your figures, there are 3 or 4 times that number on any given day. -
Why, Why, Why.... This topic is insaine,... Please, don't drink anything with alcohol, then drive any vehical.
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