Road Law – June 2024
What is blood alcohol content, or BAC? And what does it mean to you as a commercial driver?
With the availability of services like Uber, Lyft, etc., there is a growing sentiment in the system that impaired driving should be dealt with more harshly than in the past, so it’s always best not to drink and drive. It’s important to note that although you have only one driver’s license, you have multiple privileges belonging to it that can be revoked, suspended or disqualified under both state and federal laws.
Q: I was pulled over in my personal vehicle and was asked to take a breathalyzer by law enforcement. I had been drinking earlier in the evening and was scared that I would blow over the .04 BAC limit for my CDL, so I refused the test. Did I make a mistake?
A: Unfortunately, the answer is yes on two points. In your case, since you were in a personal vehicle (non-CMV), your belief that .04 BAC was the limit was mistaken. The triggering BAC limit by state law is .08, and as long as you didn’t blow that or above, there would have been no issues with state law or federal law in regard to your operating privileges. The .04 BAC limit under FMCSR 383.51 would have applied only if you had been operating a CMV at the time of the incident.
In most cases, you do not want to refuse a chemical test due to the implications of violating implied-consent laws. In all states, when you receive your driver’s license, you are consenting to take a test to determine your BAC content if an officer has probable cause to believe that you might be driving impaired.
FMCSR 383.51 governs the disqualification of drivers. It is important to note that many of the offenses listed in Table 1 are also punishable for violations that you commit while operating a non-CMV, which ultimately will disqualify you from operating a CMV. Your refusal to take the chemical test triggered FMCSR 383.51, because a refusal to take the test – an implied-consent law violation – applies for a CDL holder driving either a CMV or a non-CMV.
Considering that you have a CDL, the licensing authority will apply two laws for your violation of the implied-consent law. First, under FMCSR 383.51, it is mandated that your CDL be disqualified for one year for you refusing the test, and the state where the refusal took place has a statute that mandates a minimum six-month license suspension of your non-CDL operating privileges.
Q: Is there anything I can do to get reinstated sooner?
A: There are a few states that have accountability programs designed to help individuals make better choices and to maintain some of their operating privileges during a license revocation. These programs usually require application fees, the installation of an ignition interlock device, a drug and alcohol evaluation, etc. Successful completion of these programs generally keeps the underlying revocation or the words “Refusal” or “Alcohol License Suspension” from appearing on your motor vehicle record. If your state has such a program, we would encourage you to complete the program. While some states have exceptions for operating employer vehicles, these are only for Class D licenses and not for Class A CDLs. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.
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