Fired for failing breathalyzer from Inhaler?

Over the last thirty or so years, I have advised drivers not to use mouthwashes containing alcohol. I use Listerine Cool Mint and have for a while now. Drivers should also not use cold medicines that contain alcohol.

Honestly, most of this is common sense and is covered in most orientations.

It's important to remember. If you blow over .02 on that conformation test, you are done! It doesn't matter if it was a cold medicine or mouthwash. If the carrier follows the rules, your name is going into the clearinghouse, and you have ZERO legal options!

 

Wonder if the person was diabetic and didn’t disclose it or know it. Diabetics should immediately ask for a blood draw if told breath in this machine. Should fall under the ADA.

 

It's been a while since I last read through the alcohol testing regs in part 40. Something in them gets changed every few years.

The last time I looked, there were no blood draw options. The process is rather straight forth. You blow, if the blow exceeds the limits there is a conformation test. At the beginning of the process, THIS FORM is completed on you! If the conformation test is over the limit, the carrier removes you from safety-sensitive jobs.

 

Those inhalers do have a way of f’ng people up. I have 3 family members and a couple friends that use them for asthma. One is 130 lbs and one use will make her act like a staggering drunk. My sister hates using hers because it automatically makes her bp go up and gives her the shakes. Problem is most folks don’t have a choice what to use or when to use it. Just about all of them have allergic reactions to other asthma meds and when you have a random breathing attack you have to use the inhaler then and there. Not like you can just wait for a better time.

 

See my wife is a paralegal and diabetic as am I, and have been told if I ever have to take a breathalyzer ask for a blood draw. More than likely because of diabetes I’d fail even not having a drop of booze for weeks. Invoke the ada act. Not like I’m worried about violating dot laws about drinking and cmv vehicles. I simply just don’t do it.

 

The option to use blood is for criminal driving under the influence situations. This is a different situation.

If you refuse to blow when on duty, about to go on duty, or just came off duty, it is a refusal to test, and you are done!

 

I know you can’t refuse. I’m just saying still should request it. But I do wonder what happens if you blow over but didn’t have any alcohol or anyhing that could make you blow over? Like with a diabetic it’s sugar alcohol in the body not like it’s wanted there or was imbibed.

 

This is where MROs are the ones who will fix this.

There is a lot more to the story by the OP, there are holes in the story.

 

Jeezus C.
If anyone thinks you are impaired or could possibly be impaired buy using mouthwash or a inhaler as they were meant to be used, all I can say is lord have mercy on this industry.

 

Yeah I figured there are holes. It just got me thinking wait what if someone got called for that. Blood draw is pass no problem. But the other if it was me I’d be pissed if I got screwed when following the rules. Home time for a week few drinks at the beginning nowhere near truck is ok. Night before and while in truck heck no. Pretty dumb way to do.