Steve76eb

CA

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Nope....we just had chp commercial enforcement come in recently and and that was one of his trick questions. I thought for the past 20 years that I was a .04 at all times. Not so. Only when you are behind the wheel of a commercial vehicle. From the CHP and CA commercial drivers handbook:
"Truckers' DUI
It is illegal for a driver to operate a commercial vehicle with a blood alcohol reading of 0.04% or higher."
"It is illegal to drive with a BAC that is .08% or more (.04% or more if you drive commercial vehicles"
It has to do with the kind of vehicle you are operating and not the type of licence you hold.
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BobWanderer

Perris,Calif,USA

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bkirkpatrick wrote:
The best is the 40 foot Prevost with the CA handicap plate on it.
Its very possible that the driver is NOT the "handicapped person".
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BobWanderer

Perris,Calif,USA

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rcpd34 wrote:
I agree; another reason I don't live in CA anymore.
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Steve76eb

CA

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BobWanderer wrote: Steve76eb wrote: K6DKO wrote: I kind of have to disagree with some of this. If you have a CDL you are held to a higher standard. Lower alcohol limit for DUI
Remember though that the .04 only apply's when you are operating a commercial vehicle. When you and I end our shift and get off work and are in our personal car heading home, we are held to the higher .08 standard.
WRONG !!
The DUI as well as the other rules apply no matter what your driving or if your working or not !!
Vehicle Code 23152 (d) forbids commercial license holders from having a BAC of 0.04% or higher "while driving a commercial vehicle". If a commercial driver is convicted of
1. driving a commercial vehicle with a 0.04% or greater BAC, OR
2. driving any vehicle while under the influence or alcohol or drugs, or with a BAC of 0.08% or greater,
he/she will lose his/her commercial license for a minimum of one year...and possibly for life
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rcpd34

MD

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BobWanderer wrote: Steve76eb wrote: K6DKO wrote: I kind of have to disagree with some of this. If you have a CDL you are held to a higher standard. Lower alcohol limit for DUI
Remember though that the .04 only apply's when you are operating a commercial vehicle. When you and I end our shift and get off work and are in our personal car heading home, we are held to the higher .08 standard.
WRONG !!
The DUI as well as the other rules apply no matter what your driving or if your working or not !!
You are mistaken. CDL restrictions only apply when you are driving a vehicle that requires a CDL.
Brian
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Lady Fitzgerald

Tempe, AZ, USA, Earth

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bkirkpatrick wrote: ...The best is the 40 foot Prevost with the CA handicap plate on it.
And why are you having a problem with that?
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BobWanderer

Perris,Calif,USA

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Steve76eb wrote: BobWanderer wrote: Steve76eb wrote: K6DKO wrote: I kind of have to disagree with some of this. If you have a CDL you are held to a higher standard. Lower alcohol limit for DUI
Remember though that the .04 only apply's when you are operating a commercial vehicle. When you and I end our shift and get off work and are in our personal car heading home, we are held to the higher .08 standard.
WRONG !!
The DUI as well as the other rules apply no matter what your driving or if your working or not !!
Vehicle Code 23152 (d) forbids commercial license holders from having a BAC of 0.04% or higher "while driving a commercial vehicle". If a commercial driver is convicted of
1. driving a commercial vehicle with a 0.04% or greater BAC, OR
2. driving any vehicle while under the influence or alcohol or drugs, or with a BAC of 0.08% or greater,
he/she will lose his/her commercial license for a minimum of one year...and possibly for life
The law was changed a few years ago and unless it has been changed again in the last year ??
I am retired now, but we had a notice on a bulletin board at work about DUI as well as any violation incurred in your personal vehical.
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bkirkpatrick

Brea / Orange County, CA

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Lady Fitzgerald wrote: bkirkpatrick wrote: ...The best is the 40 foot Prevost with the CA handicap plate on it.
And why are you having a problem with that? Nope. Just wondering when the ADA is going to get involved and mandate 60' handicapped RV parking stalls at Walmart.
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BobWanderer

Perris,Calif,USA

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rcpd34 wrote: BobWanderer wrote: Steve76eb wrote: K6DKO wrote: I kind of have to disagree with some of this. If you have a CDL you are held to a higher standard. Lower alcohol limit for DUI
Remember though that the .04 only apply's when you are operating a commercial vehicle. When you and I end our shift and get off work and are in our personal car heading home, we are held to the higher .08 standard.
WRONG !!
The DUI as well as the other rules apply no matter what your driving or if your working or not !!
You are mistaken. CDL restrictions only apply when you are driving a vehicle that requires a CDL.
I STAND CORRECTED
I made a call to my former employers driver trainer, the bulletin I was refering to basically stated that any actions taken against you in your personal vehical(s) count against your CDL.
As in accidents, citations, DUI, etc.
This means if I get a DUI in my personal vehical while off duty, I will get my CDL suspended for at least a year. I (as well as many others), was confused that the same rules for DUI carried over to my personal vehical. .08 for non CMV vehicals, .04 for CMV's. You can be considered DUI even under the limits.
The only "grey area" is most pick up trucks have commercial plates, so technically you could be driving a commercal vehical.
You do get 1.5 times the points for any citations/accidents and no option for traffic school.
Sorry for the mis-information
* This post was
edited 11/29/11 12:32pm by BobWanderer *
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Steve76eb

CA

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No worries. It is a law that is not understood by many. Thats why the commercial enforcement officer asked us, as he knew the overwhelming if not unanimous answer would be .04 at all times. I went many years thinking it was.
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