CHP puts sober trucker out-of-service for empty beer bottles, unopened bottles in mini-fridge

The California Highway Patrol (CHP) is reminding the trucking community about rules on having alcoholic beverages onboard a commercial motor vehicle after a recent interaction that led to an out-of-service order.

On March 20, CHP – Conejo Commercial Vehicle Enforcement Facility took to social media with a warning for any truckers who drive with beer or other alcoholic beverages inside the cab.

“During an inspection for an over weight violation our inspectors heard a glass clinking noise coming from within the cab. Upon further investigation by our officers 4 empty and 3 unopened bottles of beer were found within the vehicle. The driver was determined not to be under the influence but was placed out of service for 24 hours for possession of alcohol in the vehicle,” troopers said.

CHP also provided the text of the CFRs that the driver was placed out-of-service under:

Title 49 Part 392.5(a)(3)

No driver shall be on duty or operate a commercial motor vehicle while the driver possesses wine of not less one-half of one per centum of alcohol by volume, beer as defined in U.S.C 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a), of such code.

Title 49 Part 392.5(c)

Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.