[NWRally]

Another quiz test from my boss...

At what Blood Alcohol Level will we be sent home and be re-tested (gov't regulation)?

a) .01%
b) .02%
c) .03%
d) .04%

Thanks in advance.

(Since I started this job, I simply drink nothing just so I never have to think about this stuff.)

[flood]

d.) 04% will get you a DWI in TN. if you have a CDL even if you are driving YOUR car on YOUR time.

[Skywalker]

If my thoughts are correct.... .02% gets you shutdown and subject to retesting.

But then again, to me its a "moot" point, because.....every employer I have had in this industry embraces a ZERO TOLERANCE which means... any blood alcohol content above 0.00 is automatic termination.

There is no excuse for having anything above 0.00 BAC when you are at the wheel of a CMV

[ceb]

Originally Posted by flood

d.) 04% will get you a DWI in TN. if you have a CDL even if you are driving YOUR car on YOUR time.

it will get you a DWI nationally with a CDL any detectable will get you put out of service for 24 hours

[kc0iv]

Originally Posted by ceb

it will get you a DWI nationally with a CDL any detectable will get you put out of service for 24 hours

From the website: http://www.fmcsa.dot.gov/rules-regul...engtesting.htm

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.

In addition, refusing to submit to an alcohol test or using alcohol within eight hours after an accident or until tested (for drivers required to be tested) are prohibited.

Besides the 0.04 percent notice the other two point. (1) While using alcohol and (2) Within four hours after using alcohol. In other words NO not now or within 4 hours after using any alcohol.

kc0iv

[Rev.Vassago]

I believe anybody who tests above a 0.0% should automatically have their CDL revoked. Remember, it is illegal to have alcohol anywhere on a CMV unless it is part of a manifested shipment - even in the sleeper, and even if you are sitting.

Save your boozing for when you are home.

[flood]

Originally Posted by Rev.Vassago

I believe anybody who tests above a 0.0% should automatically have their CDL revoked. Remember, it is illegal to have alcohol anywhere on a CMV unless it is part of a manifested shipment - even in the sleeper, and even if you are sitting.

Save your boozing for when you are home.

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

[kc0iv]

Originally Posted by Rev.Vassago

I believe anybody who tests above a 0.0% should automatically have their CDL revoked. Remember, it is illegal to have alcohol anywhere on a CMV unless it is part of a manifested shipment - even in the sleeper, and even if you are sitting.

Save your boozing for when you are home.

Remember, it is illegal to have alcohol anywhere on a CMV unless it is part of a manifested shipment - even in the sleeper, and even if you are sitting.

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

kc0iv

[Hat Rak]

KC0IV, you're thinking of the 24 hour driver out of service you will receive when you blow any detectable amount while driving a CMV.

[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.