Sec

You are correct about the Class B license. However, even if you hold a class B or class A license, if you never have the possibility of driving that heavy of a vehicle for the employer, you don't need to participate in a DOT drug testing program.

Of course, your employer may see it differently.

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Knucklehead

Ya think ? God help any employer who does not participate in a program for testing and an accident occurs with injuries and the driver comes up dirty . Can you say liability .There was a statement made here about 15 or more passengers . I believe its 9 or more passengers .But I don't have the manual . DOT is Dept of Transportation . It's the feds . I would sure like to know the percentage of employers who do not participate in this .

Sec

You can hold a license, but if you don't drive, you never need to be tested.

Drug testing is required when you drive a vehicle with 15 or more passengers; hazardous materials in quantities requiring placarding or a vehicle with a GVW of over 26,000 lbs.

I can hold a Class A CDL, but if I never work for an employer who uses trucks or never have the possibility of driving a qualified vehicle (say I work behind a desk, for example), I don't need to participate in the drug testing program.

49CFR, Part 40.382

Knucklehead

I don't see though how it makes any difference if you have the license but don't drive a commercial vehicle .You may want to hold the license in case you need a job . Of coarse every two years you have to renew your medical card . Again , I think the sample they take for that does not include any dope test .They just test hearing , sight , heart rates , and any diabetes. If your not working , you have to pay for the physical .It's at least $100 . Another consideration here is, if you are stopped in your own car . Let me repeat , your OWN CAR and you have a .04 BAC you are DUI . With a class C you have to be .08 or over . But I do think if there is an employer involved they are required to show you as a DOT driver and have to have a testing program . You seem to have expertise in this area . I'm not trying to have an argument here but for my own knowledge , and anybody else searching for info, I appreciate the accuracy . Thanks

Sec

This is incorrect. If you are 0.04 BAC in a commercial vehicle, you are banned for life (2nd offense) for driving a commercial motor vehicle. This is the regulations while you are driving a CMV.
If you are driving a passenger, non-CMV, (regardless of the class of license you hold) the regulations for that vehicle is 0.08 BAC. (f that happens, your CDL will be suspended for a minimum of one year regardless of what happens to your class D license. Second DUI in any vehicle results in a permanent suspension of your CDL). I pretty much do this for a living, so I am relatively sure on this point.

during a DOT physicial, they test for protein and glucose in the urine. This is not a drug test. A pre-employment drug test can be done at the same time as the physical, but it isn't necessary. Also, if you are merely renewing your physical and haven't been drawn for a random test or need to take a pre-employment test, there would be no reason for you to be required to have a drug test.

You don't need to drug test or have a physical unless you are actually performing a safety sensitive function (like driving a CMV over 26,000 GVW). It is the job, not the license that dictates whether you are required to have a drug test or not. An employer is required to drug test their safety sensitive employees. No employer, no drug test.

See the link below for information on Disqualifying violations
383.51

Knucklehead

Your really making me start to doubt my own memory . I know some one who years ago was busted just above .04 in his own car . I will however be going into CA DMV on Mon to pay a registration fee. I will pick up a commercial hand book to verify who is correct on this point of non CMV BAC while driving on a commercial licence . It is a good thing to read through a handbook from time to time to keep my knowledge of the law accurate . I think your going to owe me a beer.

Sec

I tried to cut and paste the table of disqualifying offenses, but the table doesn 't paste here.
While operating a non Commercial Motor Vehicle, the regular laws apply. While operating a Commercial motor vehicle, the federal Motor Carrier Safety Administration dictates the law and consequences of operating under the influence of either alcohol or controlled substances, including marijuana.

Again, it isn't the license you hold, but rather the vehicle you drive and the job you perform that dictates whether you are drug tested and the level of BAC you can have while legally operating that vehicle.

IF you are at a BAC level of 0.02 - 0.039 wile operating a CMV, you are sent home for 24 hours or one shift, whichever is greater. If you are 0.02 - 0.079 while operating a non-CMV, the officer smiles and waves bye-bye to you (maybe he frowns, I am unclear on this).

Knucklehead

I can't look it up right now , but I will . On your point of .079 in your own vehicle . A portable roadside breathalyzer is not admissible in court . They have to take you in for an actual test . Except in the case of a check point when they have a complete on site setup . But just because you blow under .08 does not mean you are home free . It certainly gives you a better shot in court but you still can be arrested and charged for DUI .

Sec

This is a marijuana website. Discussion of other drugs, including alcohol, without some reference to marijuana is against the posted guidelines. I have tried to reference marijuana in each of my responses to you, however; you have made no attempt at bringing marijuana into your posts. I really wish you would try to keep on subject for the forum.

As far as the BAC of any commercial motor vehicle operator, the regulation is very clear. No one is brought into court and prosecuted for a BAC of .039 while operating a commercial motor vehicle. The Breath alcohol test is the final definitive result. blood testing is not allowed in DOT testing, for random, return-to-duty, follow-up, reasonable suspicion or pre-employment for alcohol.

IF a patrol officer makes a roadside stop and has reason to test a driver; any driver, then he is doing so under the State's authority to do so. It has nothing to do with the DOT regulations regarding random testing. Since he is operating under the authority of any given State, then it stands to reason that the State law regarding the BAC level of a driver is the one to be used. Currently, that is 0.08 for a passenger vehicle.

You are talking apples and I am speaking of oranges. The OP was talking and asking about testing under the Federal DOT authority, not regular drug and alcohol testing by police officer for violations of civil code and State law.

zonecode88

Thanks for the helpful info.

Sec, I understand what you're saying about how testing is per employer policy. In my case, the only thing my employer needs is for me to fax them a copy of a CDL - Class B License. I won't have to actually operate a vehicle which requires it. After I obtain the license, I will graduate from my training program (which requires obtaining a license) and obtain a full time position (which does not require a license).

It is my understanding that I can obtain a CDL - Class B License without taking a DOT drug test. Correct me if I am wrong. As I figure it, the only downside could be an expensive co-pay, or my insurance not covering it at all... Perhaps I should research what my health insurance coverage is for DOT physicals.

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