The instructor I took my CHL course with, made a great statement. The BAC while carrying is 0.00% same goes with a vehicle, which is way more deadly. 0.00% enjoy a beverage. Allow someone else to drive. I know.... we have all... had a drink or 7 and drove. It does not make it right. Only makes it irresponsible
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Originally posted by bboswell View PostAs a result of this thread I now have links to both Texas Law, Federal Law and I go directly from a Harris County Officer is Commercial Enforcement and they all agree but are all in opposition to the way I understand tvc183’s answer which I find odd.
That is the difference in dual sovereignty where both state law and federal law apply but both can be different and enforced separately. It is also the difference between civil law and criminal law. If you have a commercial vehicle license but you were not working and driving your motorcycle and get caught with a 0.04 alcohol concentration, I do not believe the state of Texas can file criminal charges on you for that reason alone. The federal government (USDOT) however can remove your privilege to operate a commercial motor vehicle across state lines.
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Originally posted by tvc184 View PostCMV officers are certified to take different actions than other police officers, many of which are civil and not criminal. As a police officer I cannot stop anyone without at least reasonable suspicion. A commercial vehicle officer can stop a commercial vehicle without any cause needed. It does not involve the Fourth Amendment to the Constitution which it would for me. That is because when you accept a commercial motor vehicle license, you have consented to being stopped without cause. (That is similar to a person with an alcohol beverage permit or licensed establishment in Texas. Once you accept such a license or permit, any police officer can search your premises including locked locations without any warrant needed. Refusing or interfering with such an inspection without a warrant, is a crime) As part of their authority a commercial vehicle officer can issue things like out of service orders that is not criminal in themselves but stop the CDL holder from lawfully driving a commercial vehicle. To gain such authority to stop vehicles without at least probable cause, commercial vehicle officers have to go to a special school and be certified.
That is the difference in dual sovereignty where both state law and federal law apply but both can be different and enforced separately. It is also the difference between civil law and criminal law. If you have a commercial vehicle license but you were not working and driving your motorcycle and get caught with a 0.04 alcohol concentration, I do not believe the state of Texas can file criminal charges on you for that reason alone. The federal government (USDOT) however can remove your privilege to operate a commercial motor vehicle across state lines.
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Originally posted by Quackerbox View PostOur cmv guys are all certified and must have patrol experience prior to going to cmv
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Is it at training when they install the stick in their...nevermind.[emoji23] I love all the DOT guys!
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