Pennsylvania First offense DUI
#11
03-27-2008, 12:36 AM
Just take it as a rule of thumb. With a CDL, 0.04 or higher, you're screwed. In WI, back in the early 90's, it was written into the CDL manual that if you registered 0.04 or higher, you were DUI. A guy in VA, a couple of months ago, said he got a DUI without ever touching a drop. The troopers found a dusty, old beer can in the vehicle he was driving. With the "OPEN CONTAINER LAW", I can get a DUI, and I quit drinking when I got my CDL. The last alcohol I've had was back in the 80's... I think. Not even sure anymore. :!:
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YES ! ! ! There is life after trucking. a GOOD life 
#12
03-27-2008, 12:38 AM
Originally Posted by flood
you will not find it in the fmcsa... you need to look at the state reg's this is just one but almost all states have this law http://data.opi.state.mt.us/BILLS/mca/61/8/61-8-805.htm
http://www.ilga.gov/legislation/ilcs...62500050K6-517 http://www.corridorwatch.org/ttc/cw-hb3588-text-08.htm https://www.revisor.leg.state.mn.us/...=s&num=169A.52 http://www.njlaws.com/commercial_mot...i_with_cdl.htm 39:3-10.13. Alcohol, controlled substance use prohibited Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this State with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance. most states look at it this way if you have a cdl you are held to a higher standerd no matter what you are driving. If you read the law you quoted ( 39:3-10.13) it says "a person shall not operate a commercial motor vehicle." It doesn't say anything about driving your personal vehicle. Then if you read 39:3-10.24 you again see the phrase "the person has been operating a commercial motor vehicle with an alcohol concentration of 0.04% or more." Again it refers to the operation of a commercial motor vehicle not a personal vehicle. Section f. of 39:3-10.24 goes on to make the statement that the courts will decided if the operator had "actual physical control of a commercial motor vehicle." You will also notice in every example you listed they all refer to while the driver is in control of a commercial motor vehicle. In fact Minnesota is quite clear where it shows the difference between driving a personal vehicle vs a commercial motor vehicle. kc0iv |
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