DWI myth reviewed

Discussion in 'Trucking Industry Regulations' started by Baack, Jan 4, 2009.

  1. prisonerofthehwy

    prisonerofthehwy <strong>Ball and Chains</strong>

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    I honestly thought it depended on the licenses not the vehicle. Thanks Baack. :biggrin_255:
    It is a felony to have any type of alcohol in the cab or sleeper berth of a CMV.
     
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  3. Mike_MD

    Mike_MD Medium Load Member

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    Gambling with your job......

    Though to explain to your employer you're OOS for 24 hours because you were bringing your dad a gift.

    Be safe.
     
  4. dieselbear

    dieselbear Road Train Member

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    MikeMD you are right. As to having opened or unopened alcohol in a CMV, you can not have any, period. As to an earlier post saying .02 BrAC is 24 hours OOS, that is incorrect. 24 hours OOS if you possess or have any detectable presence of alcohol.

    Now as to the .08 BrAC and .04 BrAC. If you are in your car, your a CDL driver, and you are a .04 and assuming you do not have any other drugs in your system you are ok. You as a CDL holder get the .08 BrAc as any other person driving a car. Now if your in a CMV, and you BrAC is a .04 BrAc you are out of luck. The first one will get you disqualified up to 1 year, second one for a lifetime.

    In over 12 years of police work I have locked up over a dozen guys in a Tractor trailer for DUI/DWI. The dumbest one happened a few years ago, pulls onto the scale, 1,000 lbs overweight. When I meet him on the scale, 12 oz. Busch Light sitting in the cup holder, 8 empties between the two seats and 15 cold ones in the cooler. The weirdest one, was tailgating me on the interstate. Stop him and can smell alcohol. Driver failed field sobreity tests and took him for breath test. Breath test showed driver at .20 BrAc. Which is pretty high, over twice the legal limit of .08. Never found any beer/wine/liquor in truck. I found a large Listerine bottle beside seat. Driver stated he was drinking it for a toothache. Granted Listerine does have ETOH (alcohol) in it, the same thing the breath test machine tests. And yes, if you drink enough Listerine, cough syrup it can impair your ability to operate a vehicle safely, just like Budweiser and Jack Daniels.
     
    rikdev50s, groovemachine and Baack Thank this.
  5. starman32

    starman32 Light Load Member

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    Dec 4, 2007
    demorest,Ga
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    Two years ago new years day I went threw a road block in Ga dui check.
    I did not have a drink in 12 hours and did not drink that much. night before
    It was new years but i had my girls. I'm a local driver and just got a new truck
    5 min earlier Well to get to the point. I went to jail for 10 hours for a Bac of
    .007 mouth wash blows higher. The jail tried to charge me with dui till i pointed out the extra 0 on my bac. Just a warning cover your but I learned the hard way no dui but 2 lost days at work day i was pulled over and on
    going to court and have it thrown out. sorry im not a good writer.
    Just rember any alcohol in your system will take you to jail or lose work
    And You Could Lose Your CDL .007 got me I almost lost my job.
     
    Last edited: Mar 24, 2009
  6. RickG

    RickG Road Train Member

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    Owensboro , KY
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    Any trace of alcohol will get you out of service for 24 hours . That will result in job loss with most companies .
     
  7. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    No it isn't.
    It is an INFRACTION that will put a driver OOS for 24 hours (plus court fines) but is is NOT a "felony".
     
  8. Pur48Ted

    Pur48Ted Road Train Member

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    NO ####. I never said there wasn't a REG making possession of alcohol in a CMV illegal. I only stated having alcohol in your truck didn't necessarily mean you were "drinking and driving".
    Re-read my post.
     
  9. Tran Man

    Tran Man Light Load Member

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    Jan 24, 2009
    Ohio
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    Drinking ,and driving ... Is stupid...Don't do it.
     
  10. jakshouse

    jakshouse Light Load Member

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    Mar 10, 2009
    Pearland,Texas
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    Ok I gotta question. I go in and eat a meal at a restaurant have 2 or 3 glasses of wine or a couple of beers or 3 mixed drinks whatever. Keys are in the truck in a box or bag or drawer or my other jeans I changed out of.I only have door key with me not ignition.I climb in and go to sleep in sleeper. Am I in violation?
     
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