Fired for off-duty alcohol need advice!

Wasn't referring to the current company.

 

He stated that they made him do a breathalyzer and failed. That means he was under the influence. Personally, I say if he needed to drink that bad the wiser choice would have been to grab a hotel for the night. He definitely would have been in the clear. I drank for years before I quit and no way would I ever go anywhere near a terminal while or after I had been drinking.

 

He didn't fail by legal definition and that's why England had to pay up.

 

Well, best advice I can give is to get an attorney and fight them. Like I said, drinking is possible with our rest time but if you are working for someone who owns the equipment you drive you had better create some boundaries of your own to stay far out of their sight.

 

At Jubitz now, think I'll go have a few beers......

 

drink one for me too.
every time I go there I drink, have a good time and go back and sleep it off on the truck and head out in the morning when I'm sober.,

 

How do you know this company subscribes to hire right? When a driver applies to a company, the company is required to do a verification of employment that includes drug and alcohol testing. Not all companies subscribe to hire right. In the application, this driver was asked if he ever refused or failed a drug/ alcohol test. His answer would have been yes. That disqualifies him right there. Unless its a shady company thats willing to look the other way.

 

The problem here is you broke the federal regulation and that's what the other companies are going to look at. The FMCSR's 382.207 states "That you can not perform safety-sensitive functions within four hours after using alcohol". That's any amount, it just says alcohol use. The definition of safety-sensitive function is located at 382.107. There is an exemption for sleeper berth and being off duty but I do believe you would be put to the test on that exemption by the company. So there's doubt about you preforming safety-sensitive functions and what you did and where you stand. So now it's important to know what you'll need to do to get back to driving.

So you have a couple of ways you can go about getting hired on. You can go through the "Return to duty" (subpart O 40.291) and have a SAP do a face to face clinical assessment and evaluation to determine what assistance is needed by the employee to resolve problems associated with alcohol. This way would clear the path to be rehire at any other company. However, that little assessment is going to cost you for the evaluation. OR you can take the little green book and use the reference here to show the company you're trying to get hired on with and make your stand right there. It would be cheaper but I believe it would be harder to convince the company.

Any way you choose to go I suggest that you read the FMCSR's especially part 40 and the return to duty. Good luck you've got a hard one here. Whatever you do, don't let them mark you as drinking on the job. I hope that statement that you went right into the sleeper will stand. But the company doesn't need to use that because I'm sure they would fire anyone for this.

 

You drove and then after you blew 0.18............ Soooo you drank and drove after 10 shots pretty much?