Someone is in trouble

I doubt it. Do you know why the "zero tolerance" limit for most states is actually 0.02? Because until recently that was the lowest reliably measured amount. So, I really doubt you were tested and found to have a BAC of 0.005; 0.05 makes a lot more sense.[/QUOTE]

Yeah. Sorry about your luck. But ONE beer does not .05 make.

I don't know why you keep disputing the facts when you weren't there.

 

I have no idea what you're saying and I'm pretty sure you don't either. The Utah statute is very simple and easy to read; a 0.04 BAC applies ONLY when operating a CMV. It DOES NOT apply to a CDL holder operating their personal vehicle (or any non-CMV for that matter).

 

Just because that's the law doesn't prevent the man-with-the-badge to make up his own version of it and write a ticket..... Especially a good Mormon cop with a particular view of alcohol.....

 

I'm pretty sure you have no idea and i know exactly what i'm saying. Somewhere in my clutter is the video.

 

I think you should go back and read the wording in post 25 very slowly. It is very clear. If you have some legal website validating your point, please provide a link.

If a cop makes up the law as he goes he won't do it for very long. A judge will quickly set him straight for enforcing his opinions or beliefs rather than the law.

 

I dont drink much at all anymore but 20 years ago, ya I've been so drunk i couldn't back under the trailer. However, i never had to pull into a public street to reposition the truck either.

 

I've had my CDL in Ohio, Utah and Kentucky and this was what I was told too. .04 even in personal vehicle. I'm pretty sure it was stated in the testing booklet in OH. Either way, I'm not risking it (anymore). It's easy enough to just drink at home or find a ride.

 

I reread post #35. Nowhere does it state CMV only. It only states CMV and what would happen at the time and following said time. If you were caught in a CMV.

Nothing posted about just having a CDL or being in personal vehicle. So that don't mean that the rule MAY or MAY NOT exist. It just isn't listed or described in post #35.

I was arrested. So i know what the cop told me. I wasn't in a CMV. I was in my personal vehicle. OFF DUTY from work for the christmas week. And YES. That machine DID READ .005. And even printed out the results saying such.

 

Why were you arrested for a definitive BAC of 0.005 ?

 

Utah Code 41-6a-502: 0.08

Superseded 12/30/2018
41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.

(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:

(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.