Drivers who drive in PA must adhere to specific Blood Alcohol Concentration (BAC) limits when operating a vehicle, depending on whether they are driving a commercial or non-commercial vehicle. In this blog post, we will discuss the differences in BAC limits for commercial versus non-commercial vehicles and examine the specific statutes that govern these limits and the misunderstanding that some folks (including police have) about CDL drivers and their legal limits.
The inspiration for this post comes from the following email we got…..
Hello,
I am an employee of the commonwealth of PA and I serve as the local vice president to our local union for Chester County Penndot. The subject of DUI while driving your personal vehicle or driving a Commercial vehicle has come up at many, if not all of our yearly safety meetings as well as our local union meetings and there has always been questions regarding the legal limits for what the BAC levels are for each of these instances. We have had The PA state police come in and go over some of the CDL laws and regulations for safe operations, however we have had different answers provided to us from both the State police as well our employer. They have told us that the .04 BAC limit applies to “all vehicle operation” since we carry a CDL and then we have had them say that .04 is only during the operation of commercial vehicles. I have tried to do research on what statute/law covers and actually outlines the specific BAC levels for each instance but I have not been able to come across it. I have come across many legal blogs and non commonwealth websites that explain .04 is the legal limit for BAC “while operating” a commercial vehicle and .08 is the limit during operation of a non commercial vehicle but I still can not find the specific statute. If it would be possible to just point me in the right direction as to which statute/law will actually spell out what the limits are for each instance I would greatly appreciate it. Thank you for your time.
Best Regards,S.
Introduction:
The 0.04% Blood Alcohol Concentration (BAC) limit for drivers operating commercial vehicles is an important regulation that aims to promote safety on the roads. However, there is a common misconception that this limit only applies to those who hold a Commercial Driver’s License (CDL). In reality, the 0.04% BAC limit is triggered by the type of vehicle being driven, not the type of license the driver holds. In this blog post, we will clarify this distinction and discuss the implications for those who may be illegally operating a commercial vehicle without a valid CDL.
I. The 0.04% BAC Limit Applies to All Commercial Vehicle Operators regardless if one has a CDL or not
The 0.04% BAC Limit for CDL Holders Operating a Commercial Vehicle
Under Title 75 of the Pennsylvania Consolidated Statutes, Section 3802(f), it is illegal for a person to drive, operate or be in actual physical control of a commercial vehicle if their BAC is 0.04% or higher. Title 75 of the Pennsylvania Consolidated Statutes, Section 3802(f) establishes a 0.04% BAC limit for those operating a commercial vehicle. This statute does not mention the requirement of a CDL, but rather focuses on the vehicle being driven. This means that any person driving a commercial vehicle, regardless of whether they possess a CDL, is subject to the stricter 0.04% BAC limit.
Quote from Title 75, Section 3802(f):
“A person shall not drive, operate or be in actual physical control of the movement of a commercial motor vehicle while having an alcohol concentration of 0.04% or greater.”
The definition of a commercial vehicle can be found in Title 75, Section 1603, which states:
“Commercial vehicle: A motor vehicle or combination designed or used to transport passengers or property if the motor vehicle: (1) has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) has a gross vehicle weight rating of 26,001 or more pounds; (3) is designed to transport 16 or more passengers, including the driver; or (4) is transporting hazardous materials and is required to be placarded.”
II. Implications for Those Illegally Operating a Commercial Vehicle Without a CDL
Individuals who are illegally operating a commercial vehicle without a valid CDL are still subject to the 0.04% BAC limit due to the type of vehicle they are driving. This means that even without a CDL, all drivers of commercial vehicles are held to the same stringent BAC standards of 0.04%. If caught driving a commercial vehicle with a BAC of 0.04% or higher without a CDL, these individuals can face serious consequences, including DUI charges at the lower 0.04% level and separate and distinct penalties associated with operating a commercial vehicle without a proper license. Stated more simply you cannot escape the 0.04% limit by not having a CDL while driving a commercial vehicle. It is absolutely wrong to think or suggest that simply having a CDL license subjects a person to the lower 0.04% limit while they drive any type of vehicle. The lower 0.04% only kicks in when the driver is in a commercial vehicle as defined by Section 1603 above regardless of having a CDL or not. And this makes sense just like you cannot escape the 0.08% limit simply by not having a valid driver’s license. That would be silly. All people over 21, in non-school vehicles and non-commercial vehicles are subject to 0.08% limit. This includes CDL holders who again are over 21 years old, are driving non-school vehicles and are driving non-commercial vehicles.
That’s the law in Pennsylvania.
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