Commercial Motor Vehicle Drivers & Impaired Driving
XII.
Furthermore, of those large truck crash fatalities, at least one driver- related factor was recorded for 32% of those large truck drivers involved in the fatal crashes. “Speeding of Any Kind” was the most frequent driver- related factor, and “Impairment – which includes Fatigue, Alcohol, (23) Illness” was the second most common. It is imperative that law enforcement holds CMV drivers accountable due to the inherent risk involved with the operation of a CMV. An officer who suspects a CMV driver of operating while impaired should proceed in the same manner used for processing any impaired driver, with one major caveat: the officer must be aware that the maximum per se alcohol concentration for CMV operators while driving a CMV is an alcohol concentration of .04%. In most states this means .04% alcohol (24) concentration or above, but some states have an even lower threshold. Therefore, officers must consider that a CDL holder who exhibits more subtle signs of impairment than those normally observed in an impaired driving case may still be in violation of state law or federal regulations that apply to CDL holders. For this reason, officers must be prepared to test CDL holders even though they may exhibit less or fewer signs of impairment. It is incumbent on officers to be aware of all available charges or violations under relevant criminal statutes and administrative regulations and to appropriately charge those CDL holders who test above the legal limit allowed for a CMV driver. It is important to note that CDL holders are a special class of driver who undergo much more thorough academic and practical training than a driver who does not hold a CDL. CDL training materials clearly inform prospective CDL holders of the effects of all potentially disqualifying traffic offenses and the safety risks inherent in this unsafe driving. It should come as no surprise to CDL holders that an impaired driving conviction or any other conviction of a disqualifying traffic offense will adversely affect their CDL. Due to the enormous risk posed by the destructive force of a CMV driven in violation of traffic safety laws, officers should not hesitate to stop a CMV and issue citations for observed violations. This ensures the CDL holder’s record is accurate and complete and is critical in keeping all drivers on the nation’s roads and highways safe.
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Mothers Against Drunk Driving ®
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