After crash, DUI, Massachusetts driver declared imminent hazard

Failed Breathalyzer tests and a single-vehicle collision has led to a Massachusetts-licensed commercial driver to be declared an imminent hazard and banned from interstate commerce.

William Edward Dearth Jr. was served the imminent hazard order on Sept. 3 by the Federal Motor Carrier Safety Administration.

According to a report from the FMCSA, Dearth on Aug. 25 was driving a tractor-trailer on Vermont Route 108 in Lamoille County when his vehicle left the roadway and collided into a telephone pole. Dearth left the scene of the collision on foot. He was found a Vermont State Police K-9 unit and taken into custody.

A preliminary Breathalyzer test conducted on Dearth showed a blood alcohol content of 0.217.  About one hour later, two more Breathalyzer tests, taken within five minutes of each other. The first resulted in a blood alcohol content results of 0.20, and the second of 0.197.

During the subsequent inspection of Dearth’s truck, Vermont State Police officers discovered an opened can of beer in the driver’s cup holder, multiple empty beer cans in the trash, and nearly a case of unopened beer elsewhere in the cab.

Dearth has been charged by Vermont State law enforcement with driving under the influence, leaving the scene of an accident, and negligent operation.

Dearth may not operate a commercial motor vehicle until he successfully completes the statutorily required return-to-duty process overseen by a substance abuse professional.

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,951 for each violation.  Knowing and/or willful violations may result in criminal penalties.

Other imminent hazard cases:

• Driver named imminent hazard after ignoring out-of-service order, crashing.
• Nevada driver declared imminent hazard for drunk driving.