Wednesday 21 February 2018

Regulations Of A CDL DUI

By Sarah Butler


The commercial drivers owning a license allowing them to operate commercial trucks are typically taken with high standards regarding the use of alcohol while driving. FMCSA sets the rules governing alcohol usage, and it does not matter what type of truck you are operating, the CDL DUI penalties these drivers face tend to be higher than the ones non-commercial operators face. This is because the commercial drivers can become a threat to public safety and liability to employers if they drive after taking alcohol.

Employees that are normally subject to FMCSA regulations due to alcohol violation are churches, civic organizations, individuals who lease commercial vehicles, the government, federal state, motor carriers that are private and the motor carriers for hire. This thus means that the commercial drivers found to violate the laws are convicted with higher fines.

Most states are now adopting the FMCSA rules and regulations that govern commercial drivers. Normally, the alcohol limit set is 0.4 percent concentration in the blood. More so, the rules state that any commercial driver under the influence of alcohol must not drive within four hours of drinking the same. The set limit is normally half that of the non-commercial truck operators.

The drivers who have a commercial driving license should always be ready to submit to the random alcohol or drug testing if there has been an accident, if authorities suspect the driver or if the person has returned to work after completing his suspension. The individual should thus agree to be tested willingly for both alcohol and drugs such as opiates, marijuana, phencyclidine, and amphetamine among other medications.

If you have been pulled over due to suspicion of DUI, the drivers may face harsher penalties if they refuse to have their blood tested for alcohol. Refusing t be tested is taken to be equivalent to pleading guilty to driving under the influence thus the penalties can be higher and harsher compared to submitting to testing.

Also, if you already have a CDL and you are employed, but you happen to be convicted for cases of driving your vehicle while drunk, you are required to inform the person who has employed you within 30 days to avoid losing your job.

If you are license has been revoked or suspended, your employer cannot be allowed to employ you until your suspension is over. Once the restriction is over, the commercial drivers usually find it challenging to find employment unless their old employers decide to hire them again. Therefore, being found guilty of alcohol violation is very risky to your job and family.

This does not, however, imply that if you become convicted of violating the drug and alcohol policy, you cannot apply for a commercial driving license. This is possible, but the challenge will come in a while seeking for employment. Mostly, business and company owners avoid employing individuals who have been convicted of such violations due to fear that it can happen again and cost them.




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