Like every state, Florida has certain provisions that are in place that ban drinking and driving for all drivers. Generally speaking, if any driver has a blood alcohol content (BAC) of 0.08 percent or higher, there is a legal presumption that the driver was driving while intoxicated. Even with a lower BAC, drivers can still be convicted for drinking and driving if officers have evidence that leads to the fact that their driving was impaired.
There are many state and federal agencies that are involved in the licensing and regulation of drivers with a commercial driver’s license. For drivers with a commercial drivers license (CDL), the Federal Motor Carrier Safety Administration holds that any driver with 0.04 percent or higher1 is presumed to be driving while intoxicated. In other words, the law itself recognizes the inherent danger of mixing a fast-moving, extremely heavy behemoth of a vehicle with even a little alcohol as being inherently dangerous.
Drivers with CDLs must also face regular and random drug testing to determine if they use any number of intoxicating substances. Examples of drugs that are tested for2 include:
- Methamphetamines and amphetamines;
- Phencyclidine, also known as PCP; and
- Opiates and related derivatives.
Drinking and Driving While On Duty
Impairment often begins with the first drink. Moreover, anyone can be convicted of a DUI even with a BAC below the above-noted thresholds if they appear to be impaired. Once a driver reaches that threshold, there is a legal presumption that they indeed are intoxicated. But if someone has, for example, 0.01 percent BAC and they are in an accident, there can still be legal consequences.
Putting the issue of license suspension and other collateral consequences aside, any alcohol in the blood can be enough to create a dangerous condition for the driver of a large, heavy, and fast-moving tractor trailer. But, it is important to ask: how would you know if the other driver had a BAC reading below the legal threshold and if the state did not cite the driver? That is what a thorough and prepared truck accident attorney can do. They conduct an investigation to determine what exactly caused your accident. They determine whether the other driver was telling the truth when they answered questions to any investigating police officer. We even make sure that the trucking company that employs the driver is in conformity with the law by making sure that all required drug and alcohol tests were performed. It is not unheard of for the causation to be mixed between the driver and the company for failing to monitor or discipline drivers.
Contact a Florida Commercial Truck Accident Attorney for Help
The truck accident attorneys of the Dolman Law Group in Florida are experienced and thorough in their investigations and documentation following your accident. If you were injured in an accident with a commercial vehicle of any sort, the Dolman Law Group is here for you. We know the long-term damage that these accidents have on your life and future. Contact us today for your free initial consultation by calling us directly at 727-853-6275 or by contacting us online.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652