Drunk Driving  Laws and Commercial Drivers

Drunk driving laws are understandably strict when it comes to those who drive for a living. CDL operators are carefully pre-screened for alcohol use prior to being put on the road and they are tested randomly as well. What follows are regulations put in place to ensure that commercial drivers are not driving drunk.

The Federal Motor Carrier Safety Administration first began to require urine testing for commercial drivers license (CDL) applicants in 1989.  Just five years later in 1994 breath alcohol testing was incorporated when the rules were amended.  In 2001 after a number of revisions made by OST, the new FMCSA regulations were included in 49 Code of Federal Regulations Part 382.

These rules apply to:

• Anyone who owns or leases commercial motor vehicles
• Anyone who assigns drivers to operate commercial motor vehicles
• Federal, State, and local government drivers
• For-Hire Motor Carriers
• Private Motor Carriers
• Civic Organizations (Disabled Veteran Transport, Boy/Girl Scouts, etc.)
• Church vehicle drivers

CDL drivers are prohibited from operating a motor vehicle:

• while using alcohol
• when they have a breath alcohol concentration of .04 percent or higher
• within four hours of using alcohol

Also prohibited:

• refusal to submit to an alcohol test within 8 hours of an accident
• using alcohol within 8 hours of an accident (or until after required testing has been completed)

Required testing includes:

• After any accident in which the driver’s performance may have contributed to the accident
• After any accident that involves a fatality regardless of citations or moving violations
• After a supervisor observes behavior attributed to misuse of alcohol
• Random testing

For anyone returning to work after being found in violation of alcohol use rules, random testing must be conducted no less than six times in the first twelve months after return to work and may be extended up to 60 months.