As a commercial driver, you’re held to a higher standard than others. You are expected to get enough sleep, to avoid drinking for hours before you get behind the wheel and never to have a BAC over .04% when you’re driving. It makes sense; you drive a vehicle that is thousands of pounds and that could cause significant damage to the vehicles around it. If you crash, you could hurt or kill others.
Commercial drivers are responsible for abiding by the rules of the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA creates regulations that aim to protect commercial drivers and the people who are around them on the roads.
Today, the FMCSA’s rules state that commercial drivers should not drive with a blood alcohol content (BAC) of .04% or higher. Additionally, they are not allowed to operate a commercial vehicle if they have had any alcohol to drink within the last four hours.
These drivers may also be required to submit to random alcohol testing, whether or not there is reasonable suspicion. If there is a crash, then you can expect that you’ll be asked to take a Breathalyzer test.
Additionally, though a driver would normally lose their license over refusing a breath test, commercial drivers face harsher penalties. Refusing a test is the same as pleading guilty to a DUI, which is not something that you want to do if you want to keep your commercial license. Your attorney can help you learn more about your rights and what to do if you’ve been stopped or are in a position where you could lose your commercial license.