CDL Blood Alcohol Limit

[ladrones]

Both TxDOT and FMCSA state that it is .04% while in commercial vehicle and .08% in non-commercial now.



Really makes me wonder how so many CDL drivers (myself included) have had this mixed up for so long!

I wonder if that applies to other driving infractions such as speeding? The way I always understood it was the commercial license rules(higher standards) applied while operating non-commercial vehicles as well.

[tvc184]

I don’t know but, hopefully, TVC184 will be along, and I am comfortable that you can take his answer to the bank!

I retired....:

[S-3 Ranch]

I wonder if that applies to other driving infractions such as speeding? The way I always understood it was the commercial license rules(higher standards) applied while operating non-commercial vehicles as well.

That’s what I read, cdl is always held to a higher standard, but I might be wrong

[Burnadell]

I retired....:

Not from TBH!!! Ima bettin’ that you are looking up the answer right now!

[tvc184]

I don’t know but, hopefully, TVC184 will be along, and I am comfortable that you can take his answer to the bank!

But I think this is the answer.

This is what happens when you cross federal law and state law. And example is a runaway child. Under Texas law you are a child and a runaway only if you leave home under 17 years of age (runaway is a crime in TX). A 17-year-old is an adult in Texas and cannot be charged with being a runaway. No problem right? Oh yes, there is a problem. Federal law recognizes an adult in 18 years of age and the missing and endanger a child law requires that anyone who is a runaway and under 18 years of age must be placed in the NCIC/FBI Computer system. To reflect that, Texas state law requires an officer to enter a 17-year-old runaway (who is not a runaway) into the computer immediately.

Why does that matter? Because federal law requires Texas to recognize a person who is 17 years of age as a juvenile even though Texas law just not recognize that person is a juvenile. So a local cop put a 17-year-old in the computer as required by state and federal law but if he finds that 17-year-old, he cannot arrest him for the crime of runaway because..... under Texas law he is not a runaway. So there you have a conflict between federal and state laws on reporting but not the criminal act. It is not against federal law to be a runaway but it’s against the law for a police but not to treat you like one.

So now we move to the CDL and it is similar. Texas law recognizes the per se (automatic) DWI limit as 0.08. However, State law also recognizes a DWI at any concentration of alcohol as long as you have lost any normal physical or mental faculties.

Like being a runaway, the CDL law crosses both state and federal reporting and action requirements. Under the USDOT a person is considered DUI (as opposed to TX calling it DWI) at 0.04 whether driving a CMV or not.

Therein lies the conflict between state and federal law. Under Texas law you are per se DWI at 0.08. so if you’re driving your family car and you get stopped by the police and arrested and they found your blood alcohol is 0.05, the state may not wish to prosecute you for the DWI. But.... if they do so, it is mandatory that your CMV license is suspended.

So in my opinion, some of the above answers are both right and wrong at the same time. Under the USDOT it does not matter if you’re driving a commercial vehicle or not. If they find out you are DUI at 0.04 or greater, your CMV license is toast no matter the vehicle.

So, is a 0.04 a violation if you have a CMV license but you are not in a CMV? No, under state criminal law however yes under federal/USDOT rules

In my opinion....

[tvc184]

Not from TBH!!! Ima bettin’ that you are looking up the answer right now!

[TeamAmerica]

At .02 you can’t even split a wine cooler after with a lot lizard!

[emoji23][emoji115] this wins today!

[tvc184]

But I think this is the answer.

This is what happens when you cross federal law and state law. And example is a runaway child. Under Texas law you are a child and a runaway only if you leave home under 17 years of age (runaway is a crime in TX). A 17-year-old is an adult in Texas and cannot be charged with being a runaway. No problem right? Oh yes, there is a problem. Federal law recognizes an adult in 18 years of age and the missing and endanger a child law requires that anyone who is a runaway and under 18 years of age must be placed in the NCIC/FBI Computer system. To reflect that, Texas state law requires an officer to enter a 17-year-old runaway (who is not a runaway) into the computer immediately.

Why does that matter? Because federal law requires Texas to recognize a person who is 17 years of age as a juvenile even though Texas law just not recognize that person is a juvenile. So a local cop put a 17-year-old in the computer as required by state and federal law but if he finds that 17-year-old, he cannot arrest him for the crime of runaway because..... under Texas law he is not a runaway. So there you have a conflict between federal and state laws on reporting but not the criminal act. It is not against federal law to be a runaway but it’s against the law for a police but not to treat you like one.

So now we move to the CDL and it is similar. Texas law recognizes the per se (automatic) DWI limit as 0.08. However, State law also recognizes a DWI at any concentration of alcohol as long as you have lost any normal physical or mental faculties.

Like being a runaway, the CDL law crosses both state and federal reporting and action requirements. Under the USDOT a person is considered DUI (as opposed to TX calling it DWI) at 0.04 whether driving a CMV or not.

Therein lies the conflict between state and federal law. Under Texas law you are per se DWI at 0.08. so if you’re driving your family car and you get stopped by the police and arrested and they found your blood alcohol is 0.05, the state may not wish to prosecute you for the DWI. But.... if they do so, it is mandatory that your CMV license is suspended.

So in my opinion, some of the above answers are both right and wrong at the same time. Under the USDOT it does not matter if you’re driving a commercial vehicle or not. If they find out you are DUI at 0.04 or greater, your CMV license is toast no matter the vehicle.

So, is a 0.04 a violation if you have a CMV license but you are not in a CMV? No, under state criminal law however yes under federal/USDOT rules

In my opinion....

My callout rates at work was $76.50 an hour for a two hour minimum.

In case someone wants to start a go fund me page ...

[chunkinlead]

But I think this is the answer.

This is what happens when you cross federal law and state law. And example is a runaway child. Under Texas law you are a child and a runaway only if you leave home under 17 years of age (runaway is a crime in TX). A 17-year-old is an adult in Texas and cannot be charged with being a runaway. No problem right? Oh yes, there is a problem. Federal law recognizes an adult in 18 years of age and the missing and endanger a child law requires that anyone who is a runaway and under 18 years of age must be placed in the NCIC/FBI Computer system. To reflect that, Texas state law requires an officer to enter a 17-year-old runaway (who is not a runaway) into the computer immediately.

Why does that matter? Because federal law requires Texas to recognize a person who is 17 years of age as a juvenile even though Texas law just not recognize that person is a juvenile. So a local cop put a 17-year-old in the computer as required by state and federal law but if he finds that 17-year-old, he cannot arrest him for the crime of runaway because..... under Texas law he is not a runaway. So there you have a conflict between federal and state laws on reporting but not the criminal act. It is not against federal law to be a runaway but it’s against the law for a police but not to treat you like one.

So now we move to the CDL and it is similar. Texas law recognizes the per se (automatic) DWI limit as 0.08. However, State law also recognizes a DWI at any concentration of alcohol as long as you have lost any normal physical or mental faculties.

Like being a runaway, the CDL law crosses both state and federal reporting and action requirements. Under the USDOT a person is considered DUI (as opposed to TX calling it DWI) at 0.04 whether driving a CMV or not.

Therein lies the conflict between state and federal law. Under Texas law you are per se DWI at 0.08. so if you’re driving your family car and you get stopped by the police and arrested and they found your blood alcohol is 0.05, the state may not wish to prosecute you for the DWI. But.... if they do so, it is mandatory that your CMV license is suspended.

So in my opinion, some of the above answers are both right and wrong at the same time. Under the USDOT it does not matter if you’re driving a commercial vehicle or not. If they find out you are DUI at 0.04 or greater, your CMV license is toast no matter the vehicle.

So, is a 0.04 a violation if you have a CMV license but you are not in a CMV? No, under state criminal law however yes under federal/USDOT rules

In my opinion....

Clear as mud now. Here is another question for y'all. I have my CDL, but I no longer have a need for it therefore have not gotten my physical so do I still technically have a CDL and go by those laws?

[bboswell]

judgmental to you maybe.......to me it's passion against drink driving and the arrogance of people who think they they can bend the laws and put others in danger while doing it.

It's a simple observation thats all.

have a good life

You passed judgement based on assumptions.

I never once mentioned bending the law nor seeing how much i could get by with.

I needed to know the actual law on the subject so that I could educate a couple young men that are passing on employment opportunities by not getting a CDL because what they thought was the law was incorrect.

And this group of hunters was able to help me by posting links to both the state law and the Fed law which is exactly what I needed.

[twistedmidnite]

When I got my cdl about 11 years ago it was .04.

[ladrones]

Clear as mud now. Here is another question for y'all. I have my CDL, but I no longer have a need for it therefore have not gotten my physical so do I still technically have a CDL and go by those laws?

When I let my Medical Card expire due to health reasons my license automatically became a regular MV license.

[doghouse]

Clear as mud now. Here is another question for y'all. I have my CDL, but I no longer have a need for it therefore have not gotten my physical so do I still technically have a CDL and go by those laws?

At my last renewal about 3 years ago no physical was required to drive in Texas only. It may have changed by now.

[twistedmidnite]

There's a form you can sign at the dmv where you don't have to have a medical card but your cdl is only good.for inside texas state lines.

[Colton]

At my last renewal about 3 years ago no physical was required to drive in Texas only. It may have changed by now.

All of my guys (myself included) go get our cards renewed every year/2 years, and we do not operate outside of Texas.