Drunk or Drugged Truck Driver Accidents
Commercial truck drivers face a 0.04% blood alcohol limit, half the limit for most drivers, and may not drink alcohol within four hours of going on duty. After serious crashes, carriers must test the driver for drugs and alcohol. An impaired driver is strong evidence of negligence and can support punitive damages.
What alcohol and drug rules apply to truck drivers?
- No driving with a blood alcohol concentration of 0.04% or more (49 CFR 382.201 and 392.5).
- No alcohol within four hours before going on duty (49 CFR 392.5).
- No use of controlled substances, subject to limited prescription exceptions (49 CFR 382.213).
- Pre-employment, random and reasonable-suspicion testing (49 CFR Part 382).
When must a truck driver be tested after a crash?
Carriers must test the driver for alcohol and drugs after any crash involving a fatality, and after crashes where the driver is cited and someone needs medical treatment away from the scene or a vehicle is towed (49 CFR 382.303). Alcohol tests should be done within 8 hours and drug tests within 32 hours. Missing tests can itself be evidence of a problem.
Can the trucking company be liable too?
Yes. Carriers must check the federal Drug and Alcohol Clearinghouse before hiring a driver and annually. A company that hired or kept a driver with known violations may be liable for negligent hiring or retention, in addition to being responsible for the driver's conduct on the job.
Frequently asked questions
What is the legal alcohol limit for truck drivers?
0.04% blood alcohol concentration, half the 0.08% limit that applies to most drivers.
Are truck drivers tested for drugs after a crash?
Yes, after crashes involving a fatality, and after crashes where the driver is cited and someone is injured and treated away from the scene or a vehicle is towed (49 CFR 382.303).
Can I get punitive damages if the truck driver was drunk?
Often, yes. Many states allow punitive damages for drunk or drugged driving, and some states, such as Georgia, remove their punitive damages cap in those cases.
What is the Drug and Alcohol Clearinghouse?
A federal database of commercial drivers' drug and alcohol violations. Carriers must query it before hiring and at least once a year for each driver.
Does a criminal DUI case affect my injury claim?
The injury claim is separate and can proceed at the same time. A conviction can help prove fault, but it is not required.
Sources
- 49 CFR 382.201 – Alcohol concentration
- 49 CFR 382.303 – Post-accident testing
- 49 CFR 392.5 – Alcohol prohibition
- FMCSA Drug & Alcohol Clearinghouse