Bus drivers, truck drivers, and other professionals with a commercial driver's license (CDL) are held to a higher standard than non-commercial drivers with respect to impaired driving, as established by the Federal Motor Carrier Safety Administration (FMCSA). And with good reason. Whether their cargo is a steel tank full of gasoline or a school bus packed with elementary school children, the stakes are much higher in than for the typical automobile driver. A drunk or drugged commercial driver not only poses a serious threat to public safety but also is a serious liability to his or her employer.
Here are some examples of drivers and employers that may be subject to FMCSA regulations regarding drugs and alcohol use by commercial drivers:
Most states have adopted the FMCSA regulations for commercial drivers and alcohol, which set a 0.04 percent blood-alcohol concentration limit. This is half the BAC limit for non-commercial drivers in most states. The FMCSA rules also stipulate that commercial drivers may not operate a commercial vehicle within four hours of using alcohol.
Commercial drivers may be required to submit to alcohol testing randomly, after an accident, where there is reasonable suspicion, or as a condition of returning to duty following an alcohol policy violation. In addition to alcohol testing, the FMCSA regulations allow for drug testing in the following circumstances: as a condition of employment, where there is reasonable suspicion, after an accident and as a condition of returning to duty following a drug policy violation. The following drugs are often screened: marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP).
When pulled over on suspicion of DUI, commercial drivers also face harsher penalties for refusing to submit to a blood alcohol test. Under FMCSA rules, refusal to take a blood alcohol test is the equivalent of pleading guilty to DUI.
Aside from the lower threshold for BAC levels, CDL-holders charged with impaired driving while on the job are subject to the same criminal law procedures as non-commercial DUI defendants. In addition to the lowered blood alcohol limit, DUI in a commercial vehicle can result in longer license suspension than traditional DUI. This can mean a loss of livelihood for a commercial driver.
Additionally, CDL-holders convicted of any traffic violation aside from parking offenses must notify his or her employer within 30 days, regardless of which vehicle was driven at the time. For example, a truck driver convicted of a DUI in his personal car while off duty must notify his employer. If the DUI results in a suspended or revoked license, his employer is barred from employing him as a driver for the duration of the license restriction. Those wishing to continue as commercial drivers can find it extremely difficult to secure employment with a DUI on their record.
A commercial DUI not only carries with it the usual fines and other penalties associated with a non-commercial charge, but it can wipe out one's livelihood. The stakes are high, so it makes sense to consult with a local DUI attorney before making crucial legal decisions.
