49 CFR § 392.4 – Drugs and other substances

  • No driver shall possess, be under the influence or use any of the following substances while on duty unless they have valid prescriptions from a licensed medical professional:

    • Amphetamines (including, but not limited to, “pep pills” and “bennies”);

    • Any narcotic drugs; or

    • Any other substance that will render the driver incapable of safely operating the vehicle. 

49 CFR § 392.5 – Alcohol Prohibition 

  • No driver shall 

    • Use alcohol within 4 hours before going on duty, operating, or having control of a commercial vehicle. 

    • Have measured alcohol concentration or detected presence of alcohol while on duty, operating, or having control of a commercial vehicle. 

    • Be on duty or operate a commercial vehicle while in possession of wine or beer with more than one half of one per centum of alcohol by volume, or distilled spirits, unless:

      • Manifested and transported as part of a shipment; or

      • Possessed or used by bus passengers. 

  • No motor carrier shall require or permit a driver to violate any of the rules above or be on duty and operate a commercial vehicle if the driver’s general appearance of the driver appears that (s)he has used alcohol within the preceding four hours. 

  • Any driver found in violation of this code shall be placed out-of-service immediately for a period of 24 hours.  The driver must report such issuance to his/her employer within 24 hours. Additionally, the driver must report the issuance to the state official that issued his/her drivers license within 30 days, unless the driver requests a review of the order. 

    • Any driver that receives an out-of-service order may petition for review, in writing, within 10 days of the order’s issuance to the Division Administrator or State Director for the geographical area where the order was issued. The Division Administrator or State Director may affirm or reverse the order.  It may then be petitioned in accordance with 49 CFR 386.13

About Southern counsel | Trucking injury attorneys

Southern Counsel is a personal injury law firm dedicated to trucking accidents, representing clients who have been hurt in collisions with 18-wheelers, large trucks, and other commercial vehicles. We represent the injured, and the families of victims who have lost their lives in a catastrophic accident . Our firm serves clients in areas throughout the state of Mississippi. We also handle cases throughout the South by working with the most experienced local counsel.