In your personal vehicle you are under your state's laws. The .04 limit is a federal regulation pertaining to CMV only. By the way states can have lower limits for CMV operators and several do.

if im not mistaken when you hold a cdl .04 is for anything you drive not just a cmv

In a CMV, under the FMCSR's......at .02 you are out of service, and since many companies have a Zero Tolerance policy..... at that point you would be out of a job, and probably kissing a career goodbye.

If you cannot stay away from Beer, Wine, or Liquor for the short period of time you are on the road.....then maybe you need to get into a 12 step program.....and stay out of a CMV.

I think there are a lot of moral police on this site that think just because they cant handle having a drink no one should. I never once drove my truck messed up or even close to it, but yes i had beer on the road alot. I liked to socialize sometimes when i had down time and got plenty of sleep. Finding a good truck stop or other good place to park near a restaraunt or bar was always enjoyable to me. Go get a good shower, walk on over and have some drinks and chat with other drivers and watch a ball game or play some pool or something and go back to the truck and sleep like a baby. I even occasionaly would just get a few beers and hang out in the truck and watch TV or a movie or read abook. Am i an aklcoholic....NO!!!!! I just enjoy a good cold beer every now and again whether or not anyone is there with me. As stated before, I never drove drunk,buzzed or messed up in any way when i was in my big rig, had a real nice safe driving record. Some people are adult enough to handle having a drink while they are out doing their travels. My truck was my job but it was also my home for 2 weeks at a time so I enjoyed it like my home when I could. Stop with the moral policing. Nobody was asking if its cool to drive with a beer in their lap, i think we all know thats not a good idea, let people do what they want on theri down time, nothing wrong with a little relaxation.

AMEN

WOW!! SO much WRONG information in only TWO DAYS!!! I wish I'd been here Tuesday to put a stop to this!

Rev, is almost ALL WRONG on almost ALL of this! I will address each statement in time. Steve is RIGHT on all but ONE thing. I will get to that. BTW, Steve..... even the DOT you talked to was WRONG about one part of it. (yes.... it happens, and that might have been the part you were wrong about, because you quoted them.)

KC0iv was mostly RIGHT.... but sometimes answered the wrong question with the wrong answer.... (but it was mostly effective.)

I have seldom been shocked into astonishment the way I was at some of the answers on this one! Just for instance.... "How can you be OFF DUTY while in a CMV?" Are you KIDDING ME? It's done about ONCE a day, by nearly EVERY driver on the road!!! You climb into your sleeper for at least 2 hours, and log line 1 or 2.... or you take a full 10 hours off, and can be ANYWHERE you want.... and you're OFF DUTY!! :shock:

Molson: IF you even CARE anymore.... I'm gonna give you the scoop! There are over 3 million drivers out here, and MANY of us have a few beers now and then when we are OFF DUTY! Neither the DOT, NOR the FMCSA, expects us to go weeks at a time without a beer! :roll: You sanctimonious "nondrinkers" can keep your OPINIONS to yourself on this one. The man asked about the RULES!

Personally, I prefer (and recommend) parking your truck and going to a nearby sports bar (some ARE in truckstops) and THEN returning to your truck to sleep. However.... it IS legal to have a few beers IN YOUR TRUCK, while off duty (as Steve has CLEARLY proved!)

It is ALSO legal, once off duty, to drive your UNLADEN truck to the Walmart or grocery store (not a good idea to go to a liquor store - but not illegal) and bring back some beer. And there is NO 14 hour clock considerations here! (THAT, I believe, is where the DOT told Steve the wrong thing. Let's say, you are on your 34 hour reset.... It's 7 hours since you finished 11 straight hours of driving. You CAN unhook your trailer, (or drag it with you if you are NOT under a load,) and go get some beer!

Whereas, your carrier, or a DOT officer, MIGHT be able to force you to go "on duty" at some time during your LEGAL break(s), neither they.... nor anyone else.... can force you to DRIVE while you are on a required break (10 or 34, if you are out of hours.) And if you aren't DRIVING....(therefore AT THE CONTROLS).... you cannot get a DUI. Also, if you tell them you're intoxicated, they cannot FORCE you to go ON DUTY (performing ANY "safety sensitive" function while you are under the influence.)

But, again.... let's not get bogged down in what-ifs. Let's go with the basic questions, and the regs. I will do my best to cull from these 5 pages the pertinent facts, and MISSTATEMENTS.... but since they don't all show up below this box at the same time, I will have to go back to the beginning. Bear with me.

Hobo

Sorry, I'm STILL having problems with the "invalid session." I have to click submit about 10-20 times JUST to get ONE post on this board!! :twisted:

Driving tent stakes into asphalt is not easy nor recommended! :lol:

However, MANY drivers DO find nice little spots off the beaten track, next to a river or something, and at least pitch a "canopy" and have some folding chairs. If you buy a license, you can do some fishing! And campfires, too.... if not restricted! IF you spend weeks on the road, I would definitely look for these spots! Always have at least ONE extra folding chair! A fellow driver will be more than happy to fill it, and tell you more than you expected about HIS "travels!" You might never forget the good time you have!

Oh yeah..... DON'T forget the BEER!! :wink:

The FMCSA has determined/decided that testing procedures are not acurate enough to determine levels at .02 and below. Therefore, they have STATED that driving with a level of .04 will get you a DUI. But, driving with a level (tested) at .02 to .04 shows at least a TRACE amount, and therefore will get you put Out Of Service (OOS) for 24 hours, but NO DUI!

Although, even a bobtail truck is considered a CMV, there is the exception for using it as a personal conveyance. WHEN using it as a personal conveyance, therefore NOT LADEN, you ARE permitted to drive short distances to "restock" and will not be charged for "conveying" UNOPENED alcoholic beverages during this time. The "guidance" on when it is a PERSONAL CONVEYANCE is fairly clear. But, once you are LADEN, the full definition of a COMMERCIAL VEHICLE becomes clear, and you are NOT allowed to have any alcohol on board, IF you are DRIVING or "at the controls."