Nevada driver declared imminent hazard for drunk driving

Repeated arrests for driving a commercial truck with illegally high blood alcohol content has resulted in a Nevada-licensed driver to be declared an imminent hazard.

Julio Perea Ayala was served the order by the Federal Motor Carrier Safety Administration on March 26. He is not allowed to operate any commercial motor vehicle in interstate commerce until he successfully completes the statutorily required return-to-duty process overseen by a substance abuse professional.

Ayala was stopped March 5, for erratic driving, according to an FMCSA news release. His blood alcohol content measured 0.337.

Ayala was again stopped less than two weeks later, on March 17. That time his blood alcohol content measured 0.282.

Having a blood alcohol concentration of greater than 0.04 while operating a commercial vehicle weighing more than 26,001 pounds and requiring a commercial driver’s license is a violation of federal safety regulations.

On both occasions, Ayala was also charged with having open containers of alcohol, and operating a vehicle with expired registration, according to the news release. The Nevada Highway Patrol impounded Ayala’s truck in each instance.

FMCSA described Ayala to have committed “blatant and egregious violations” of the federal safety regulations in the imminent hazard out-of-service order. The order declared that his disregard for the safety of the motoring public substantially increases the likelihood of serious injury or death.

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,928 for each violation. Knowing and/or willful violations may result in criminal penalties.

Other recent federal imminent hazard cases:

• Driver declared imminent hazard after crashing into house, killing an occupant.
• FMCSA issues imminent hazard orders to tow company, driver.
• Whiff of pot leads to declaring driver an imminent hazard.