ok
http://www.fmcsa.dot.gov/rules-regul...engtesting.htm

in part.
WHAT ALCOHOL USE IS PROHIBITED?
Alcohol is a legal substance; therefore, the rules define specific prohibited alcohol-related conduct. Performance of safety-sensitive functions is prohibited:

While using alcohol.
While having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test.
Within four hours after using alcohol.

and in part
HOW WILL ALCOHOL TESTING BE DONE?
Two tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted.

Scoe asked "Why didn't the sheriff perform a breath alcohol content test? A BAC. He had probable cause."
what probable cause did the sheriff have..? sitting in a CMV "maybe drunk" on PRIVATE property is not something a sheriff can do anything about "HE didn't see him driving ON the road"

it would be the same as if you had a few beers AT HOME and went out to YOUR drivway and started your truck to charge the batt's, can a cop give you a BAC in YOUR drivway...? any good lawyer would love this.

now if the shipper asked him to leave then as soon as he hit the road he could be stopped and should be

also remenber that if you drink (a little to much)until 23:00, that at 0800 you will still blow better than a 0.04 BAC and in TN it's still DWI if you blow a 0.04 BAC even driving your own car if you hold a CMVL. :dung: so when we go out i have my son drive home. better safe then unemployed.

now as to the shipper calling swift (good job) thay should have just as YOU would call the cops if you see a drunk driver on the road....RIGHT.

 

lol, Useless... we must've been posting about the caveman at the same time! Man, I LOVE that guy!

I would like to add another comment, tho not related to the subject of my post. Why has no one commented on the bad driving of truck drivers I received while working with the ambulance?? I have been run off the road while driving code 3 with patient(s) and medics in the back on a few occassions. I could have had those driver's grandma or child in the back. Many many times not even a courtesy of a big truck to pull to the right lane and let me pass. And, a word of advice to new truckers... please slow down for accidents. People are trying to do their jobs just like everyone else, it's dangerous enough and too many big trucks have put my life in jeopardy because they are in a hurry. Not to change the subject.... but, why no comments on that?

 

Now, of couse I don't have all the facts, and maybe I never will, but for some reason when the Sherriff showed up the first time and gave the partial test, Tim was on the shipper's property. Maybe they didn't arrest him because he was on private property? When they came back the second time to get him off the truck, he was at a nearby truckstop or gas station. Is that also considered private property and goes by the same rules? The same Sherriff both times saw no need to arrest him. Was that due to the private property thing? I'm asking out of criousity and wanting to clear my own questions of the incident.

 

I'm guessing now... guessing... that the shipper must've asked Tim to leave, rightfully so. Else he wouldn't have moved the truck. Shouldn't the Sherriff have arrested him then, knowing he'd moved the truck? The shipper did the right thing, and so did Swift. There are definitely no qualms on that.

 

[quote="GypsySoul"]

lol, Useless... we must've been posting about the caveman at the same time! Man, I LOVE that guy!

I would like to add another comment, tho not related to the subject of my post. Why has no one commented on the bad driving of truck drivers I received while working with the ambulance?? Not to change the subject.... but, why no comments on that?[/quote]

GypsySoul,

Most indubitably, that is a topic worthy of discussion, and there are threads here that broach the subject.

At the same time, in regards to THIS thread, our most immediate, and pressing concerns are for YOU, and the issues of alcohol which have caused you so much pain.

You are a paramedic, I am a degreed RN. (BSN) I also grew up with an alcoholic, drug addicted mother. I know the pain first hand.

Rest assured, Tim is in my prayers as well. Hopefully, this will be where he hits bottom, and decides to take a long, hard, look at himself. Perhaps calling him a loser was excessively harsh on my part, but while I think that it is admirable that you have not lost sight of his strengths, my family has to share the roads with drivers, and there are others out there like him. Irrespective of his strengths, or good qualities, had there been a wreck, someone's child, someone's mother, or someone's father could have been killed, and they would be just as dead, no matter what good qualities Tim has. Death is an equal opportunity employer.

You are both EMT's...you both know what I am talking about...you have both experienced it....Tim knew better.... Sorry, but in that respect, Tim is a loser.

Don't lose sight of his strengths, but don't delude yourself into believing that with enough love or loyalty, you can change him; that's HIS do!! While I can see that you love Tim, you DO NOT deserve the pain or suffering that his drinking has brought, and will continue to bring. He HAS to be hit hard, square in the face, with the ugly reality.

My advice??

Take his ring off of your finger, give it back to him, and hold steadfast in telling him what he must do in order to earn the honor of placing it back on your finger. Harsh?? Yes!! Tough Love?? Absolutely!! Necessary?? Without Question!! Yet, you have a right to peace in your life, and he has a very heavy obligation. If Tim can not see that, then it should be his loss, and most deservingly so.

Peace,
Useless

 

GypsySoul,

You are dealing with seperate issues here. If the LEO did not see Tim driving the truck, then there would be no cause for arrest. If Tim had alcohol on his breath, but was not intoxicated, that was clearly sufficient reason for the shipper to call the company, and, in light of Tim's behavior, there was clearly sufficient reason for Swift to fire him.

Being legaly intoxicated is not the real issue here; having alchohol on his breath, or in his system at ANY level, while operating Swift's truck, and presenting at the shipper's place of business, (Swift's Client!!) was in and of itself sufficient reason for LEO to be called, for Tim to be fired, and for the truck to be towed away.

 

Thank you Useless, I guess I lost sight there and was stung by the "loser" thing. I apologize. After checking this string, I was going to head to his house and do just what you suggested. Seeing it in writing gives me strength. I haven't turned to my family because I feel this is such a failure and I can't face them. Tim called this morning asking what he should do... At this point tough love and hitting bottom will be the only answer. You are wise. Loving him and sticking by his side will only make him think what he's done is okay. I will never lose sight of his strengths. Take care...

 

the shipper is private property ( gate, guard maybe, not open to the public) like your house/land. the truckstop or gas station is also private property (but open to the public) like a bar. the sheriff couldn't arrest him for DWI as he didn't see him driving (on the road) and he passed the partial test at the shipper. (cop cut him some slack maybe) the cop most likely smelled it but it is hard to tell if someone is over 0.04, thay are used to looking for 0.08 and if Tim wasn't in the truck he couldn't be arrest for DWI, the only thing he could have been arrest for was drunk in public and he wasn't that drunk.

that said if you can smell it he NEVER should have been driving. IMHO

 

Thank you, Flood... Useless posted into perspective too. I was losing sight, possibly due to my oversensitivity right now, that the matter isn't the legal limit of his alcohol intake.... but, that he had even been drinking at all. My original concern was whether he would be able to drive for a company again, but I neglected to see the entire picture. I was so wrapped up in my own loss that I didn't even consider the loss to others out on the road. Take care...

 

Hey GypsySoul, Boy you have some tuff choices to make now. I feel you pain, I have been, done that. It will be hard no matter what you choose. Your boyfriend made his choice, so it's up to you now. Best of luck and good wishes only! Oh, and thanks for all the years of public service too. There is most likely alot of people alive because of you and your boyfriend that can say thank you too.