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  • January 24th, 2010

    Is the DOT getting to you?

    It is official. As of February 25th 2010 there have been new rules adapted to the Part 40 Federal Register Publications page.

    One rule in particular effects CDL/CMV. I am sure most of you know this but if you don’t here is the story.

    Before when you were violated for a positive breathalyzer when testes by employer or if you were positive while pulled over for a traffic stop it was you the drivers responsibility to inform the right authorities. For example: DOT, CDL, CMV’s.

    Now the rule is your employer is to also notify the DOT of such a violation. They are to notify the State Commercial Driver Licensing authorities (CDL) of the drug and alcohol violations as long as they operate Commercial Motor Vehicles (CMV’s). This rule also permits to Third Party Agencies (TPAs) to do the same and report CMV drivers with CDL’s.

    Same goes for driving after drinking. For example, every state in the country requires the 0.08 BAC factor. You are not legally intoxicated or charged with DWI unless you are over the 0.08. However, they catch to it is you can still be charged with DUI. I know it doesn’t make sense. That is why the law specifically wants you to drive sober. There are plenty of charts out there to follow according to age, height, weight, drinks per hour, what kind of drinks etc. Do not always follow these use them as a guideline.

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