Wheels of Justice

When is a DUI not a DUI?

Let me set the stage for this article. A driver was trying to get out of a snow storm. Every parking spot at the nearby truckstop was occupied. With no place to stop, he had no option but to continue down the road.

This driver was destined to slide off the road and became stuck. He called three tow truck companies, but they all told him they couldn’t help him until the next afternoon. Knowing that he was stuck until the next day, he bought a six pack of beer at a Quick Stop, drank it there and caught a ride with a farmer back to his truck.

A police officer bangs on the door at 5 a.m. to wake the driver up and see if he is OK. The driver answers the knock and is arrested for DWI. Is the driver guilty?

There are several things the prosecutor would consider. One is the actual physical control of the vehicle while under the influence. This is a lesser offense, but the driver would still have an alcohol charge on his MVR. CDL regulations require drivers to abstain from alcohol prior to and during use of a commercial motor vehicle. The prosecutor could also charge him with a detectable amount of alcohol in a CMV.

How could the driver defend his actions? There was no alcohol in the truck, because the driver drank all six beers before he left the Quick Stop. The driver’s BAC was approximately the equivalent of drinking three beers (the body eliminated about three beers in the three hours from 2 a.m. to 5 a.m.), but the driver was in the truck with the engine running. The driver either admitted to drinking the beers or the officer felt he had probable cause due to the driver’s (and here I insert the usual and customary DWI language most all officers use in their paperwork) slurred speech, bloodshot or red eyes and the distinct smell of alcohol about the person of the driver.

I guess the driver could call the folks at the Quick Stop and the far-mer who drove him back to his truck to testify that before buying and drinking the beer, the driver was sober. The only thing they could claim in his defense was that in their personal experience, they did not believe that the driver was under the influence of alcohol. Compare their testimony against that of the officer, who has been trained and certified in alcohol detection.

What I hope you get from this story is that what you believe the law to be could be wrong. If you want to drink, stay out of a Commercial Motor Vehicle. Your job and future are too important to take that chance.

Jim C. Klepper is president of Interstate Trucker Ltd., an organization providing legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and has his Commercial Drivers License.