Beer In The Sleeper

It does seem that the phrase "having physical control of a commercial motor vehicle" is the gigantic gray area in all of this. Someone has to define exactly what that means. Somewhere along the way there must have been court cases that disputed this and a precedent set but I don't know what it is.

Why shouldn't a truck driver be allowed to have a drink after a long stressful tour of duty... just like people in any other line of work? On the other hand, if the law clearly allowed for drinking in the truck while off duty... well, there are too many drivers that would majorly abuse such a privilege. I think the law is purposely vague... as it needs to be. Close your curtain, enjoy your beer, dispose of bottle or can discretely ... stay out of trouble otherwise, no problem.

Ok, I'm done with this subject. I was only trying to look from the legal perspective when I talked about doing a 34 at home or in a motel. That way there is absolutely no way you are in the truck while drinking alcohol (or recovering from over doing it) after it is all said and done.

Did not mean to open a whole new can of worms here.

But I have to admit it has been an interesting read none the less.

Ernie

I think the law is purposely vague... as it needs to be. Close your curtain, enjoy your beer, dispose of bottle or can discretely ... stay out of trouble otherwise, no problem.

You go ahead and do that. I'm sure the people who intend to do whatever it takes to be a true professional and have a great career out there will make smarter choices.

Ok, I'm done with this subject. I was only trying to look from the legal perspective when I talked about doing a 34 at home or in a motel. That way there is absolutely no way you are in the truck while drinking alcohol (or recovering from over doing it) after it is all said and done.

Did not mean to open a whole new can of worms here.

But I have to admit it has been an interesting read none the less.

Ernie

Yeah, this topic really brought the trolls out of the woodwork, didn't it? Such a shame. Probably going to have to delete most of it.

Apology accepted Errol, wow, quite a discussion

Doug, meet Daniel. Chip on shoulder, but he doesn't see it. Also, he'd rather prove himself right than simply contribute to the discussion.

For me i knew from all my research if i was going to get into this career alcohol is not a good thing. i have not had a drink since 1/9/2015 nor do i intend to. but if you want to drink and feel the need to, simply do it when you are at home. play with fire long enough you will get burnt so why risk it? why take a chance on a technicality that could go either way in court? is that beer or drink worth all the time and money you have vested into your career and lifestyle? no its not

Is is against federal law to have an open alcoholic drink in the sleeper while off duty?

I am not asking for opinions. I know it's a bad idea.

I'm not asking for company policy. My company has zero tolerance for it.

I'm not asking for bac levels while on duty; I'm not even asking for bac levels. I know all the levels.

I just want to know is the act of having an open beer in the sleeper illegal. I can't find a clear answer online or in the FMCSR

I had a friend that was a OTR driver for 15 years, he drank beer in his truck when he was laid over for more then a day at a time for years. Someone backed into his rig while parked at a truckstop while he was offduty. He was passed out at the time and didnt even know it, well another driver parked next door called 911 to report this other driver. Well the local police came and arrested other driver and arrested the "passed out" driver that was actually the victim because he was passed out in his truck doing nothing but sleeping it off. He got a dui cause the truck had the keys in ignition and it was running with the a/c on. He is still looking for a new career (unemployed) 3 years later!