CDL Blood Alcohol Limit

[bboswell]

Every since I got my CDL back in the early 90's I have known that the allowable BOC was 1/2 of that of any other driver meaning .04% was DWI for a CDL driver. I also was of the belief that this applied whether you were in a commercial vehicle or not.


My son was telling me the other day that something passed that reduced the BOC limit for CDL to .02% so I tried to research that and came up with nothing and see that the reduced limit only applies while operating a commercial vehicle.


Does anyone have knowledge of what if anything changed recently?

[BassMaster13]

Maybe just don't drink and drive? Or just have 1 beer w/food.

I've always heard it half the limit.

[bboswell]

CDL Blood Alcohol Limit

Maybe just don't drink and drive? Or just have 1 beer w/food.

I've always heard it half the limit.

At .02% you can’t even have a beer with dinner and drive home.

How bout we stick to the question asked?

[Neck]

Text of subdivision effective on September 01, 2021


(1) "Alcohol" means:

(A) malt beverages or any other similar fermented beverages or products containing one-half of one percent or more of alcohol by volume, brewed or produced wholly or in part from malt or a malt substitute;

(B) wine, including sake, containing one-half of one percent or more of alcohol by volume; or

(C) distilled spirits, including ethyl alcohol, ethanol, and spirits of wine in any form, and all dilutions and mixtures of distilled spirits from whatever source or by whatever process produced.

(2) "Alcohol concentration" means the number of grams of alcohol for each:

(A) 100 milliliters of blood;

(B) 210 liters of breath; or

(C) 67 milliliters of urine.

(3) "Commercial driver's license" means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.

(4) "Commercial learner's permit" means a permit that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011(a)(2)(B).

(5) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

(A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;

(B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;

(C) is designed to transport 16 or more passengers, including the driver; or

(D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

(6) "Controlled substance" means a substance classified as a controlled substance under:

(A) Section 102(6), Controlled Substances Act (21 U.S.C. Section 802(6)), including Schedules I-V of 21 C.F.R. Part 1308; or

(B) Chapter 481, Health and Safety Code.

(7) "Conviction" means:

(A) an adjudication of guilt, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, in a court, regardless of whether the penalty is suspended, probated, or rebated; or

(B) a determination by a court, an authorized administrative tribunal or officer, or the department as authorized by this chapter that:

(i) the person has refused to give a specimen to determine the person's alcohol concentration or the presence in the person's body of a controlled substance or drug while driving a commercial motor vehicle; or

(ii) the person has driven a commercial motor vehicle while the person's alcohol concentration was 0.04 or more.

[Mayhem]

Let me do some research for you.


Sent from my iPhone using Tapatalk

[M16]

How bout we stick to the question asked?

Come on man! This is TBH!

[Mayhem]

Even the FMCSA website says it .04 for CDL holders.


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[S-3 Ranch]

“” There is just one privilege to drive. The BAC standards and penalties for commercial drivers are even tougher than those for the average driver. Because you enjoyed a higher privilege with a CDL, Your CDL if convicted will be revoked for one year and the BAC limit for commercial drivers is .04% not .08%... ””

CDL is held to a higher standard 100% of the time when driving is the rule of law in USA and territory

[bboswell]

Even the FMCSA website says it .04 for CDL holders.


Sent from my iPhone using Tapatalk

Yep, that’s where I went first which my son and I both wrong

[bboswell]

Text of subdivision effective on September 01, 2021





(1) "Alcohol" means:



(A) malt beverages or any other similar fermented beverages or products containing one-half of one percent or more of alcohol by volume, brewed or produced wholly or in part from malt or a malt substitute;



(B) wine, including sake, containing one-half of one percent or more of alcohol by volume; or



(C) distilled spirits, including ethyl alcohol, ethanol, and spirits of wine in any form, and all dilutions and mixtures of distilled spirits from whatever source or by whatever process produced.



(2) "Alcohol concentration" means the number of grams of alcohol for each:



(A) 100 milliliters of blood;



(B) 210 liters of breath; or



(C) 67 milliliters of urine.



(3) "Commercial driver's license" means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.



(4) "Commercial learner's permit" means a permit that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011(a)(2)(B).



(5) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property that:



(A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;



(B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;



(C) is designed to transport 16 or more passengers, including the driver; or



(D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.



(6) "Controlled substance" means a substance classified as a controlled substance under:



(A) Section 102(6), Controlled Substances Act (21 U.S.C. Section 802(6)), including Schedules I-V of 21 C.F.R. Part 1308; or



(B) Chapter 481, Health and Safety Code.



(7) "Conviction" means:



(A) an adjudication of guilt, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, in a court, regardless of whether the penalty is suspended, probated, or rebated; or



(B) a determination by a court, an authorized administrative tribunal or officer, or the department as authorized by this chapter that:



(i) the person has refused to give a specimen to determine the person's alcohol concentration or the presence in the person's body of a controlled substance or drug while driving a commercial motor vehicle; or



(ii) the person has driven a commercial motor vehicle while the person's alcohol concentration was 0.04 or more.

Where is this cited from?

[tazhunter0]

Last I heard it was .02 for CDL holders and it’s been that way at least 10yrs if not longer. ( don’t remember how long I have had my CDL )

Non-CDL drivers is .08 I believe.

[CabezaBlanca]

It’s .04 as far as I know. Haven’t seen or heard anything regarding .02.

[Colton]

When I got mine around 7 years ago, the rule was .04. I’m not sure if that applies to only commercial vehicles or both

[bboswell]

Last I heard it was .02 for CDL holders and it’s been that way at least 10yrs if not longer. ( don’t remember how long I have had my CDL )

Non-CDL drivers is .08 I believe.

Show me this documented somewhere please

[JeffJ]

At .02 you can’t even split a wine cooler after with a lot lizard!