(a) No person shall:
(1) Consume an intoxicating beverage, regardless of its alcoholic content, or be under the influence of an intoxicating beverage, within four (4) hours before going on duty or operating, or having physical control of, a commercial motor vehicle;
(2) Consume an intoxicating beverage regardless of its alcohol content, be under the influence of an intoxicating beverage, or have any measured alcohol concentration or any detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor vehicle while the driver possesses an intoxicating beverage, regardless of its alcohol content. However, this subdivision (a)(3) does not apply to possession of an intoxicating beverage which is manifested and transported as part of a shipment.
(b) (1) Any driver who is found to be in violation of the provisions of subsection (a) of this section shall be placed out-of-service immediately for a period of twenty-four (24) hours.
(2) The twenty-four-hour out-of-service period will commence upon issuance of an out-of-service order.
(3) No driver shall violate the terms of an out-of-service order issued under this section.
(c) A driver convicted of violating an out-of-service order is subject to disqualification under ยง 27-23-112, in addition to a civil penalty of:
(1) Not less than two thousand five hundred dollars ($2,500) for a first conviction; and
(2) Not less than five thousand dollars ($5,000) for a second or subsequent conviction.
Section: Previous 27-23-105 27-23-106 27-23-107 27-23-108 27-23-110 27-23-111 27-23-112 27-23-113 27-23-114 27-23-115 27-23-116 27-23-117 27-23-118 27-23-119 27-23-120 NextLast modified: November 15, 2016