§ 27-23-113 — Commercial drivers prohibited from operating with any alcohol in system

(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 § 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.

Legislative History

Acts 1989, No. 241, § 13; 2003, No. 842, § 6; 2009, No. 456, § 10.