C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B—Prohibitions

49 C.F.R. § 382.201

Alcohol concentration

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No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

[66 FR 43103, Aug. 17, 2001, as amended at 77 FR 4483, Jan. 30, 2012]
Notes of Decisions
Cited in 4 cases, 1995–2018 · leading case: Jonathan Blazek v. City of Lakewood, Ohio
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Jonathan Blazek v. City of Lakewood, Ohio (2014) ca6 “See 49 C.F.R. § 382.201 . Once Plaintiff had taken the Breathalyzer, Yousefi told him that she would like to have a drug test performed at the local hospital.”
Valadez v. CSX Intermodal Terminals, Inc. (2018) cand “49 C.F.R. § 382.201 . Defendant states that its Roadside Inspection, Overweight Prevention, and Citations and Fines policies "merely clarify what inspections are required under federal regulations.”
American Trucking Ass'n, Inc. v. United States Department of Transportation (1999) cadc “An example is 49 CFR § 382.201 ', which (motorists may be cheered to read) prohibits knowing use of a driver with a blood alcohol concentration of 0.”
International Brotherhood of Teamsters, Afl-Cio v. Federal Highway Administration (1995) cadc “, 49 C.F.R. §§ 382.201 to 382.209 (1994) (FHWA limitations on alcohol use by motor vehicle operators); id.”
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