FMCSA rules in 49 CFR Part 382, Subpart B set three time-based alcohol use limits for drivers, in addition to the concentration limits covered in What Alcohol Concentration Levels Apply to CDL Drivers?. Under 49 CFR 382.205, "No driver shall use alcohol while performing safety-sensitive functions." Under 49 CFR 382.207, "No driver shall perform safety-sensitive functions within four hours after using alcohol."
Under 49 CFR 382.209, a driver required to take a post-accident alcohol test under 49 CFR 382.303 may not use alcohol for eight hours following the accident, or until the post-accident alcohol test is done, whichever occurs first. The eight hours match 382.303(d)(1), under which an employer that has not given the alcohol test within eight hours stops trying and keeps a record of the reasons. The full post-accident rule is covered in When Is a Post-Accident Drug and Alcohol Test Required for CDL Drivers?.
Under 49 CFR 382.107, alcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation, including any medication, containing alcohol. Sections 382.205 and 382.207 also bar an employer with actual knowledge of the use from permitting the driver to perform or continue to perform safety-sensitive functions.
Under 382.107, actual knowledge means knowledge based on the employer's direct observation of the driver's alcohol use, information provided by a previous employer, a traffic citation for driving a commercial motor vehicle under the influence of alcohol, or the driver's admission of alcohol use, with an exception in 382.121.
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