"Sober" is defined by most legal dictionaries (and is not defined by the FMCSA) as "not being under the influence..." So, what is the definition of "under the influence?"
§390.5 Definitions.
Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to §383.51 or §392.5(a)(2) of this subchapter.
The second just further defines the first. As it states, the driver must not "be under the influence of alcohol, within 4 hours before going on duty..." Therefore, a driver's BAC must not be more than 0.04 four hours (and less) prior to going on-duty, etc. That would not necessarily fit what most people think of as "sober," but it fits the legal definitions.
How and when to drink alcohol?
Discussion in 'Questions From New Drivers' started by buttmeister, Nov 5, 2020.
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Lumper Humper Thanks this.
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Enters restaurant/bar at 9PM and consumes two/three drinks with dinner then goes to sleep in cab.
Driver starts his day at 6AM.
He's broken no laws.bryan21384, T.Rucker, GreenPete359 and 2 others Thank this. -
I don't get in accidents when I drink and drive.
BTW, zero does not mean zero. -
I can't sleep without taking a muscle relaxant pill. Living without alcohol is not a big deal.
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Dale thompson, Numb, 86scotty and 1 other person Thank this.
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wait...time out...so I’m not supposed to be drinking my micro brews while I’m driving
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autopaint, bryan21384, nredfor88 and 4 others Thank this. -
The query; How to drink alcoholic beverages.
I would recommend the correct size and type of glass for the beverage you plan to consume.
Trivia; The old Fashioned mixed drink is made in an Old Fashioned glass. The glass actually existed and was called that prior to the drinks existence.Dale thompson, Warrior Pump, jamespmack and 4 others Thank this.
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