What is Blood Alcohol Concentration for CDLs
The Federal Motor Carrier Safety Administration (FMCSA) sets an alcohol limit of 0.04% for commercial drivers. This limit is set out in the Federal Register, Title 49, Volume 8, § 392.5 which states: "A person shall not drive a motor vehicle and a motor carrier shall not require or permit a driver to drive a motor vehicle while the driver has .04 percent or greater alcohol concentration."
The FMCSA has delegated its authority to regulate commercial truck and public transportation safety to the various states and territories. To comply with federal law, Texas has set a limit of 0.04%. The infamous "System Implied Consent" requires all motorists arrested for PI/DWI to submit to intoxication testing, breath, blood, or urine. Some states make intoxication testing contingent on the arresting officer’s belief that intoxication levels are above .08%; while other states, like Texas, does not impose a threshold (other than possible reasonable suspicion).
Some states, including Texas, impose what amounts to an implied consent law: refusal to submit to intoxication testing results in license suspension. From a purely legal perspective, Texas’ Implied Consent statute probably does not apply to CDLs . However, Texas Penal Code Chapter 724 makes clear that a person commits an offense if they operate a commercial motor vehicle while having alcohol concentration of .04 or more, or while under the influence of alcohol. This law specifically states:
(a) A person commits an offense if the person drives or operates a commercial motor vehicle while:
- (1) having an alcohol concentration of one-quarter of 1 percent (0.025) or more;
- (2) having an alcohol concentration of one-half of 1 percent (.04) or more; or
- (3) being a conditional or unrestricted commercial driver’s license holder and having an alcohol concentration of 0.04 or more.
(b) Notwithstanding Subsection (a), a traffic offense under Section 542.301(3), Transportation Code, does not apply to the offense under this section.
Remember, though: CDs can have a BAC below .04% when driving. Drivers of normal passenger vehicles are prohibited from having any measurable alcohol concentration above .08%, and this alcohol concentration is used as "conclusive evidence" about impairment. The legal alcohol limit for commercial truck drivers is one-half that of non-commercial drivers.
Restrictions on Alcohol Levels
Driving a commercial motor vehicle (CMV) carries with it a heightened risk of danger, not just to the person behind the wheel of the vehicle, but also to the passengers in that vehicle and the people who share the road with them. Substance abuse in the form of alcohol or drug use increases the risks associated with driving, regardless of whether or not one is driving a commercial vehicle. However, because CMV drivers have the added responsibility of carrying either passengers or cargo on our highways and interstates, the laws place additional restrictions on them when it comes to alcohol and drug use. But what exactly are those limits, and why are they so much stricter for people with CDLs than for everyone else?
Commercial motor vehicles can include large trucks, buses, or vans that carry passengers, cargo, or hazardous materials. The companies who own CMVs are expected to adhere to higher standards because their vehicles pose higher risks to the general public when compared to a personal vehicle. People who drive CMVs, therefore, need to be held to stricter standards as well.
The first reason CMV drivers have stricter limits on alcohol and drugs is that, in general, people with CDLs are held to stricter standards than people without them. Since a CDL is a specialized license for people who drive for a living, there are more rules and restrictions in place, from extra tests for getting the license itself, to restrictions on services they can provide to noncommercial drivers, to stricter laws about substance abuse.
The second reason for stricter alcohol limits is because CMV drivers are spending more time on the road than most other people. A driver who works 40 hours a week and does not transport goods or passengers does not spend anywhere close to the same amount of time on the road as a bus driver, truck driver, or taxi driver. It is during this extra time spent driving that accidents are likely to occur. While this is not always the case, truck drivers and other people who drive for a living have more opportunities to break the law (at least in some ways) because they are spending more time in their CMVs than everyone else.
The third reason for stricter limits revolves around the fact that many CMV drivers are the only operators of their vehicles. When other people are involved in driving – in the case of busses, for example – it is more important than ever that everyone be sober if accidents are to be avoided. Alcohol has been shown to slow reaction times and impede motor skills. The more drivers there are on the road under the influence of alcohol, the more likely an accident involving a CMV will be.
While the laws regarding alcohol limits are stricter for people with CDLs, they do not receive a pass if they decide to ignore the law and operate a CMV under the influence of alcohol. All drivers should be aware of these laws and obey them to ensure their own safety and the safety of everyone else on the road.
Penalty for CDL Drivers with Too Much Alcohol
The ramifications for exceeding the legal alcohol limit as an interstate CDL driver are significant. First, for interstate carriage of loads, the Federal Motor Carrier Safety Administration (FMCSA) has a .04 BAC limit. If the BAC limits are exceeded, the FMCSA specifically prohibits "performing safety-sensitive duties." For a commercial motor vehicle driver, this includes, in part, driving during those duties. This prohibition includes the typical elements of operating a truck, such as driving the truck, packing the trailer, operating the air brakes, or receiving the bill of lading. To be clear, to exceed this limit while possessing or operating his or her own (non-CMV) vehicle, would be a wholly separate inquiry of liability.
Moreover, states have their own independent limits where the CDL driver may not be prosecuted under a state’s law for exceeding the BAC for their state. For example, Ohio has a .08 BAC limit for CDL drivers under its state law. But Ohio allows law enforcement to exceed its limit if properly authorized; however, in such cases the .11 limit applies. New York has a .04 BAC limit for CDL drivers under its state law. However, NY, like most states, requires a chemical test to determine BAC, where the driver typically chooses between urine or breath testing, but if a truck or bus is involved, the officer in charge requires blood testing.
Penalties range from a fine to a finding of guilt, including a suspended license and maybe even jail time. A violation of a state law is normally punishable by that state where the crime occurred, unless you can show that the impacts were restricted to interstate commerce, such as no damage occurring in the state where the violation occurred. CBP officers also have authority to impound trucks if appropriate, such as if there exist circumstances that threaten public safety. Repeated violations can mean more fines and harsher punishments.
A CDL driver’s employer may also be subject to fines under the FMCSA regulations. Further, because the FMCSA specifically prohibits performing safety sensitive duties, a CDL driver who violates that prohibition may be subject to termination for cause. A CDL driver’s repeated violations of the limit may also reflect negatively with potential employers.
Enforcement of Blood Alcohol Levels for CDL Drivers
Enforcement of the legal alcohol limit for CDL drivers can happen in a variety of ways. On roads, intoxicated CDL drivers may be pulled over by police, who will typically administer a breath alcohol test and remove the driver from service if a BAC over 0.04% is found. Under the influence testing can also take place at a roadside checkpoint. Authorities can administer breath tests under federal law at these checkpoints.
Another primary method of enforcement is through employers. For example, an employer will be able to require CDL employees to undergo a drug and alcohol test as part of pre-employment screening, or as a part of a random selection program. Employers may also require a CDL employee to undergo testing if the employee was involved in a vehicular accident that necessitated a vehicle tow, or if the driver was found in possession of alcohol while on the job with a driver’s Blood Alcohol Concentration above 0.04%. It is important to understand that even if an employee is found with a BAC of 0.03% that would not be considered under the influence by federal standards. However, if the BAC is at or above 0.02% , an employer should remove that employee from safety-sensitive functions, such as driving.
CDL employers must also undertake "reasonable suspicion" testing should a supervisor reasonably suspect an employee may be impaired by drugs or alcohol. In order to be legal, the employer should test only those employees who are actually subject to Department of Transportation regulation just as a practical matter. Negative test results in that situation will enable the employer to clear the employee for duty.
Finally, CDL employees can be randomly selected for post-accident testing, which is required if the accident constitutes a reportable crash for which the use of a commercial motor vehicle (CMV) would have been prohibited. Indeed, employers must determine whether a commercial driver was using the truck at the time of an accident and then decide whether post-accident testing is needed.
Even though CDL employees are subject to a lower BAC, in practice, their employers have to ensure that all employees are fit for duty and not impaired. The penalties for a BAC above 0.04% can be extremely serious.
How to Comply with Blood Alcohol Levels for CDL Drivers
Self-regulation is the first step to compliance. Be diligent in knowing your limits in regard to alcohol. Avoid drinking before or after shifts until you are certain that you meet the BAC standard of 0.04 percent or below. Regulate your drinking habits and avoid the temptation to drink before or after your shift, both of which can lead to increased tolerance and a false sense of clarity regarding your BAC.
In addition to self-regulation strategies, employers should also develop policies and procedures that allow CDL operators to meet the BAC standards. This may include restricting the hours that CDL drivers are allowed to drink, and establishing a plan for a designated driver when alcohol consumption is allowed, such as at corporate events. Employers should implement drug and alcohol training and testing for CDL drivers, and actively monitor and report CDL driver BAC levels according to federal requirements.
Finally, seek help if needed. If you feel that you cannot meet your employer’s alcohol standard, which is lower than the federal standard, seek help from a drug and alcohol treatment program. Even if you meet the federal standard, seek help if you feel that you are struggling. As a CDL driver, you have dedicated your life to a profession that demands high levels of mental clarity and excellent motor skills. Maintaining those skills and your CDL license requires vigilance in meeting the federal regulations on alcohol consumption and testing.
International Differences in Blood Alcohol Levels for CDL Drivers
It is important to understand that the CDL alcohol limit of 0.04% we explained in the last section of this article is specific to the United States. If you happen to be planning a trip overseas, it is important to keep in mind that the legal alcohol limit for a CDL driver may be increased or lowered in other countries. Spain does not have a legal restriction for CDL drivers but does require a zero blood alcohol concentration (BAC) for any driver of a public transportation vehicle. Canada has a legal limit of 0.05% percent for commercial truck drivers. Other countries , such as Germany, Finland and Russia, have a zero BAC for its CDL drivers.
This is an important differentiation because some countries will fine, imprison or otherwise penalize an American commercial truck driver who is following the laws here and has even had a few drinks. The Australian government recently fined American commercial truck driver Gregory Davis $4,500 after he stopped in Melbourne to get some rest and drank a few beers. He did not realize that his truck was considered a commercial vehicle in Australia and he had violated their BAC law.