Fact or fiction?

[cheri1122]

The mention of a party in the parking lot at the Expo reminds me of something I've heard several times, but have never been able to verify as truth: can a driver be charged with DUI merely for climbing inside his truck, intending to sleep, after drinking? It would seem that it can't be true, because they aren't driving, but many drivers have told me that the possession of the keys, & therefore the means of driving, is enough to warrant charging a
CDL holder. Apparently, the presumtion is that impaired judgement might cause the driver to decide to drive somewhere - like a sudden overwhelming need for a burrito, say. Anyone know the truth of the matter?

 

[C5BILL]

Apparently you never saw the episode of "Raymond" that illustrated this issue.

 

[tec1959]

Hi yes if the driver has the keys an a means of possibly driving off yes they can be arrested and charged with DUI if they are over the legal limit....With some companys I use to work for or have been involved with stopped having company parties with beer or mixed drinks being served because the company can be charged too...

 

[Fr8 Shaker]

Also keep in mind that if you hold a CDL the legal limit is .04 and not .08

Have fun and be safe,
Fr8 Shaker

 

[cheri1122]

I just make it a practice to not ever drink when I'm on the road, except those rare occasions when I go to a concert, then I get a room, & taxi. I didn't know if it's true, but I wouldn't risk it - it's not worth losing your license over! Thanks for the info, it's good to know. But I've gotta wonder about the many drivers I've heard who don't know, or believe it...

 

[greg334]

So let me add something else.

Many truck stops have beer and alcohol for sale on site.

I know that the DOT and the congress has some study out there that says that it takes more than 10 hours to shead the effects of the alcohol. In addition to this, I am read somewhere that one or maybe a few states have some sort of restrictions on commercial vehicles for use of alcohol and driving after 18 hours. In my state there is an open alcohol law, no open alcohol in a motor vehicle.

So my wicked thoughts are what if someone decides to tie one over during either their bunk time or the reset time and still is drunk when he gets rolling AND what if he hits a school bus full of children and kills a few. Should the truck stop be held accountable for this because the alcohol was consumed on their property and sold to the driver knowingly that there are restrictions on cdl drivers?

 

[jaminjim]

Fact.

 

[terryandrene]

How 'bout taking your truck and yourselves out of service, trade your keys with another likeminded driver and party-on.

 

[teacel]

If some are paranoid about getting a DUI or DWI why not turn over your ignition Key to the EO both (Put your name and truck number on the key) and retrieve them when your ready to leave.

 

[fastman_1]

If you got the Keys you got the Ticket. I gave up Drinking Years ago when it started getting to the Point if you smell the cap you were over the Limit.









































Owner/Operator since 1979
Expediter since 1997
B Unit Semi Retired
Somedays are Diamonds and Somedays are Stones

 

[unorthodoxneon]

My question would have to be, if people at football games have parties before the game its called tailgateing. Now if expedite people get together for a party before the expo would it be a lift gate party? :+



Good post though, i always wondered this. I'm not a drinker so me not worried about it but always wondered. Plus me not 21, but i still have no ambition to drink...

 

[RichM]

How about the RV crowd at a Nascar Race or a football game.They have their keys in their possession and booze it up big time. I don't think possession of keys while drinking in your SLEEPER with the engine OFF constitues a problem.

 

[jaminjim]

You cannot have the stuff in your truck,or in you while in the truck. It has been in the mags alot recently.

 

[RichM]

Well I will keep playing Devils Advocate. I think if the truck is out of service and you are the owner it reverts to a privately owned vehicle. If you are not engaged in commercial operations or waiting to be engaged in commercial operations then DOT rules don't count.

I remember reading that there was a company that would bobtail o/o's tractors and not use logs etc. Once they hooked up then the rules came into effect. Why doesn't someone call the Ohio DOT and ask them that but don't say where the party will beheld.LOL

 

[dieselphreak2K]

I was always told that it better be out of your system when you drive, and if you out your keys in an outside toolbox or compartment, you are okay. I only have one or two anyway, and the last time I did, wednesday, I drank them at a friend's house in SC, having 24 hours before I had to roll. Best to just not do it. When we break out the grill at the expo, i'm sure i'll have one or two, but that will be night one, so I have plenty of time to cleanse the system.

 

[ATeam]

In Minnesota, the law is the same for CDL holders and ordinary drivers, though the legal limit is different. If you are in the vehicle and the keys can be obtained by you (hiding them on the ground under the car won't work), you are legally in control of the vehicle.

If you have alcohol in your system above the legal limit, it does not matter if you are sleeping in the sleeper, or sitting in the passenger seat, or sitting awake behind the wheel. It does not matter if the keys are in the ignition or if the vehicle is running or not. If you have more than the legal limit of alchohol in your system, you are committing an illegal act and are subject to arrest.

Word to the wise attending the Expo. If you plan to drink there, get a room. Terry's point about taking your truck AND YOURSELF out of service is important. At FedEx at least (don't know about other carriers), if you take yourself out of service in addition to your truck, you will not be called in for a random drug test.

Taking the truck out of service is not enough to avoid a random test. Some drivers have learned this the hard way, even though they thought they were doing everything right. Illustration is a driver who parks his truck at home, goes to a family wedding, drinks too much (or not, depending on your point of view), is driven safely home by his spouse who drank little or nothing, is called for a random drug test, and because he IS drunk, tests positive for alcohol. Now, there is some explaining to do.

Had this hypothetical driver taken himself out of service and not just his truck, he would have only his hangover and performance on the wedding dance floor to worry about.

 

[cheri1122]

First: I have a room for the Expo, so I'm not worried about that, and like I said, I don't drink when out on the road, even on a weekend layover, so I'm not worried about ever getting in trouble, myself - it aint gonna happen, period. I do wonder about the driver-trainer I had at Swift - he drank every night, after the truck was parked, and not just "one or two", either. Even in Phoenix, which is Swift's Corp HQ, he got told by the security guards one morning, when he rolled into the terminal, not to park his truck in front of a bar, because they'd heard a few complaints from people who saw it there - but they didn't tell him he could get a DUI. And I didn't know, either!
As far as taking my truck and myself out of service: I'm the only person who drives it - if it's OOS, so am I, no?

 

[RichM]

Well it's highly unlikely to happen but even if your truck is out of service, you could get a call that asks you to help out another driver who is ill etc,or even rent a truck to rescue a stranded shipment.. As A Team says,if you are going to drink take both the truck and your self out of service.

 

[jaminjim]

With just the truck out of service I guess I could dig up my kids Red Radio Flyer and haul some small stuff.

 

[jaminjim]

Which reminds me, my first random test for PII was while at home, around 8 am. I was out of service when they called. I said I was "happy" to take the drug test but I had been drinking the night before, and would not take a breath test. The lady said " not sending you for anything but a drug test."