C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM › Subpart B—Minimum Standards for Substantial Compliance by States

49 C.F.R. § 384.203

Driving while under the influence

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(a) The State must have in effect and enforce through licensing sanctions the disqualifications prescribed in § 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration.

(b) Nothing in this section shall be construed to require a State to apply its criminal or other sanctions for driving under the influence to a person found to have operated a CMV with an alcohol concentration of 0.04, except licensing sanctions including suspension, revocation, or cancellation.

(c) A State that enacts and enforces through licensing sanctions the disqualifications prescribed in § 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration and gives full faith and credit to the disqualification of CMV drivers by other States shall be deemed in substantial compliance with section 12009(a)(3) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31311(a)(3)).

[67 FR 49761, July 31, 2002]
Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: State v. Smith, 85 P.3d 804 (N.M. Ct. App. 2004).
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State v. Smith, 85 P.3d 804 (N.M. Ct. App. 2004). · cites it 2× “203 (2002) (indicating that federal monies will be withheld from states that do not enact legislation concerning grade crossing violations and prohibiting *810 commercial drivers from driving with a blood or breath alcohol concentration of .”
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