Here's one from the Minnesota Supreme Court: High court: Asleep at wheel, not driving, enough to get a DWI | StarTribune.com
Good Country Bars
- Thread starter Unforgiven
- Start date
Unforgiven
Not a Member
I'm not Bo or Jack. I'm just a ol country boy enjoying his life out here on the road. Sloride you seem like the sort of fella, I wouldn't mind shootin the bull with over a few cold ones.
Like slo if I nursem during the hours that I might get some work, I'm just fine and dandy, never break into the hard stuff until I am pretty sure that I am done for the night.
Like the man in my picture says
a man has to know his limitations
are there any lone ladies on here?
always lookin for miss right..........now anywho
Like slo if I nursem during the hours that I might get some work, I'm just fine and dandy, never break into the hard stuff until I am pretty sure that I am done for the night.
Like the man in my picture says
a man has to know his limitations
are there any lone ladies on here?
always lookin for miss right..........now anywho
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jujubeans
OVM Project Manager
must be extra antifreeze needed up in Moot's neck of the woods..
675 DWI arrests in Minn. in first half of December | StarTribune.com
Jack_Berry
Moderator Emeritus
4 dui's in wisc is just grade school stuff.
wisc never puts people away for dui. they should but they don't. wisc cuts off store sales at 9pm but allows under age 19/20 y/o to serve drinks.
record number of dui's, owned by one oerson, i have seen in wisc, is 13!
wisc never puts people away for dui. they should but they don't. wisc cuts off store sales at 9pm but allows under age 19/20 y/o to serve drinks.
record number of dui's, owned by one oerson, i have seen in wisc, is 13!
moose
Veteran Expediter
After ten years in this country - I ain't surprised any more...
nightcreacher
Veteran Expediter
Ok here the deal,as a friend of mine would say.If you have just 1 beer and get in your truck,with your keys available,your in line for a dui.It doesn't matter if you start this truck or not,you can't be in any vehicle with your keys available after having a drink of alcohol.
As far as drinking goes,you must be out of service to be legal in any carriers idea to have that drink,cause if your not out of service,your available for a drug alcohol test 24/7.You might find yourself with a drug test when you come back in service,but never an alcohol test.Your carrier doesn't care what you do while out of service,but don't be drinking while in service.
Dave you wouldn't know about those fillies,your married lol
As far as drinking goes,you must be out of service to be legal in any carriers idea to have that drink,cause if your not out of service,your available for a drug alcohol test 24/7.You might find yourself with a drug test when you come back in service,but never an alcohol test.Your carrier doesn't care what you do while out of service,but don't be drinking while in service.
Dave you wouldn't know about those fillies,your married lol
Mr. Nightcreature:
I'm sure what a driver does on their off duty time is their business. That being said. If a person spends the first eight of their ten hours of down time knocking down drinks in a bar or the sleeper. I'm fairly sure they would be legally drunk when they started a new clock two hours later.
I'm sure what a driver does on their off duty time is their business. That being said. If a person spends the first eight of their ten hours of down time knocking down drinks in a bar or the sleeper. I'm fairly sure they would be legally drunk when they started a new clock two hours later.
From FMCSA,
§392.5 Alcohol prohibition.
(a) No driver shall—
(a)(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(a)(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(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
(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.
(c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(d)(1) Report such issuance to his/her employer within 24 hours; and
(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.
§392.5 Alcohol prohibition.
(a) No driver shall—
(a)(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(a)(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(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
(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.
(c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(d)(1) Report such issuance to his/her employer within 24 hours; and
(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.
Slo-Ride
Veteran Expediter
With all that is being posted,,Ill have to change my ways
Oh well,,,,, not like I have drinking proplem anyways or didnt untill I read all these post
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I go by what my safety director tells me..He states you can drink a beer in the sleeper,ya can have beer in your refrigerator
You cant drive your truck to go get a six pack,,You cant drink in cab,,No keys in ign.You cant go to your next load with beer in your possession,,anywhere in the truck..You must throw it away or give it away prior to moving and of course ya better be stone cold sober....
Sure hope your Safety Director changes his/hers too!
On second thought, I hope they lose their job, for gross incompetence. Being misinformed is not acceptable, particularly when the job involves informing others as to the rules. If a driver has trouble over it, will the Safety Director [who said it was ok] be the one to pay the price?
Slo-Ride
Veteran Expediter
I dont know how the law reads Cheri bout having it in the truck, as I see nothing that states while off duty not in service.I cant see how someone can be charged with DUI if not operating the vechicle..To me being in phy control of vehicle kinda means the vehicle is being operated???? When I am empty I am relased of all dutys by my carrier and if truck isnt moving or running I think all would be ok??? (key words are,,I think)
But I ain't arguing with all the post here,,I know allot ppl know more then me..
Like I said I promise to change my ways if you stop sounding like MOM
(At least until I talk with him again to see if misunderstood him.)
But I ain't arguing with all the post here,,I know allot ppl know more then me..
Like I said I promise to change my ways if you stop sounding like MOM
(At least until I talk with him again to see if misunderstood him.)