Alcohol testing. What's the limit for us?

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  #11  
Old 05-04-2007, 12:29 PM
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Originally Posted by Rev.Vassago
Originally Posted by flood
i agree 100% BUT i don't feel that it is fair that when i'm home driving MY van that just because i have a cdl that if i blow a .04 i get a dwi and if i didn't have a cdl that i could blow a .07 and be ok
Well, when you applied for that CDL, you were automatically subjecting yourself to a higher standard, and rightfully so.

Originally Posted by kc0iv
Rev I've read this before but have never been able to find it in the rules. Here did you find it?

kc0iv
§392.5 Alcohol prohibition.

(a) No driver shall—

(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(a)(3)(i) Manifested and transported as part of a shipment; or

(a)(3)(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to—

(b)(1) Violate any provision of paragraph (a) of this section; or
This means that you cannot be on duty at all if you are even in posession of alcohol that is not part of a manifested shipment. According to the interpretation, the only way you can squeak around this is if you are using the CMV for personal conveyance. I suppose you could argue that if you are on a 34 hour reset, you are not going to be on duty, so it's okay. I personally disagree with this, even though the FMCSA rules do not address it specifically.
Rev that is the same rule I found. Since I don't drink nor even drive anymore it doesn't effect me one way or the other. I was curious if you had found something I had not found.

kc0iv
 
  #12  
Old 05-04-2007, 09:22 PM
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0.08 is not athe standard to go by. If you blow even a 0.01 you can be arrested for being under the influence. Its what is called a "sloppy DUI"
essentially its hard to convict for a DUI but you can receive the same penalties as a reckless citation which can be almost as expensive.
 
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  #13  
Old 05-05-2007, 01:08 PM
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In IL, its .08 for a DUI in your car, and .04 for a DUI in your car if you hold a valid CDL.

I gues they hold truckers to a higher standard, as they should.
 
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