The rule is no alcohol on board a CMV. If there were exceptions, (mouthwash, etc)....
That's not entirely accurate, as there are exceptions. Yes, the rule is no alcohol on board a CMV, but then that comes back to what is
alcohol as defined by the DOT.
(First, before I forget it, yes Charles, since you don't drive a CMV and don't have a CDL, the only rules you are forced to abide by are the rules governing a regular operator's license. I don't drink so I really don't keep up with the laws in various states, but I think in most states that simply means you can posses alcohol in the van, but no open containers, and your blood alcohol must be .08 or less, versus .04 or less for a CMV.)
Back when I first got my CDL, since Nyquil is a particular favorite of mine when I get sick, I figured that instead of CB chatter, truck stop lawyers and Web forums, why not go to the source and check out what the FMCSA has to say about all this. So I did.
First thing is to get the definitions, as defined by the DOT, not as defined by common sense or conventional wisdom. The pertinent definitions from the DOT:
Part 392: Driving of Motor Vehicles contains the section 392.5, Alcohol Prohibition, which references the following definitions...
383.5
Alcohol or "alcoholic beverage" means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.
(That means beer, wine and liquor. Essentially, and literally, it means that if a liquor license is required in order to sell it, then it's a controlled substance and the use or possession of it falls under the DOT regs. Mouthwash, rubbing alcohol and Nyquil do
not fall into this category.)
Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(210 liters of breath sure sounds like a lot, considering that the average pair of human lungs can hold about 6 liters of air, but during normal respiration, only about one half of a liter is inspired. But I digress.)
Now, as for the alcohol concentration, that's covered under
382.201
Subpart B - Prohibitions
§382.201 Alcohol concentration.
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.
392.5 also directly references additional definitions for alcohol under
382.107 and is where mouthwash and Nyquil and stuff come into play:
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol.
Now that we have the actual definitions of what constitutes
alcohol and
alcohol use, what, exactly, are the prohibitions and restrictions? Now we're back at
392.5 Driving of Motor Vehicles, Alcohol Prohibition
which states that
(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
(see
Alcohol use above - it means no consumption of any alcohol in any form in any amount, including Nyquil or a mouthwash Big Gulp, within 4 hours of going on duty, or still be under the influence of alcohol that was consumed even way before the 4 hours before going on duty. If you consumed alcohol many hours ago, you have to still be stone-cold sober (below .04)
at least 4 hours before going on duty again.)
Continuing,
no driver shall...
(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
(that means don't drink while driving, and don't drive while drunk)
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.
There's nothing in that last part that says you can't have mouthwash, rubbing alcohol, eau de toilette, or Nyquil in the truck. It says you can't have beer, wine and liquor in the truck while on duty, though. But it doesn't say any and all alcohol in the truck at all times is forbidden (the regs further explain the exceptions for manifested cargo of beer, wine and liquor, of course).
The bottom line is, if you're
on duty, you cannot have have any controlled alcohol like beer, wine or liquor in the truck, but mouthwash and other non-controlled over-the-counter preparations is fine. In addition, whether it is controlled or not, you cannot
consume any alcohol
in any form or in any amount for 4 hours prior to going on duty. So quit drinking your Listerine and Old Spice.
Now, if you've just brushed your teeth and used mouthwash that contains alcohol and just as you're spitting it all out you get the call for a random, don't panic. Just tell them at the clinic where they do the breath test that you just finished brushing your teeth and rinsing with alcohol-based mouthwash. It's something they are trained to deal with. They've seen it before. It's not a big deal. Usually the effects of brushing and rinsing that can cause a false positive will dissipate within 20-30 minutes regardless.
