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Difficulty: MediumAlcohol and Drug Regulations

A commercial motor vehicle driver who is found to have a blood alcohol concentration between 0.02% and 0.039% during a roadside inspection is subject to an immediate one-year commercial driver's license disqualification for a first offense.

Answer: Answer

Answer

False
Federal regulations specify that a commercial driver found with a blood alcohol concentration between 0.02% and 0.039% must be placed out of service for 24 hours. A one-year commercial driver's license disqualification is reserved for operating a commercial motor vehicle with a concentration of 0.04% or higher, driving under the influence of a controlled substance, or refusing to submit to mandatory chemical testing.

Step-by-Step Solution

1
Identify the driver's blood alcohol concentration range from the statement.
The driver's measured concentration is between 0.02% and 0.039%.
Federal Motor Carrier Safety Regulations define tiered enforcement penalties depending on the specific blood alcohol level detected.
2
Determine the regulatory consequence for a concentration in the 0.02% to 0.039% range.
The driver is placed out of service for 24 hours.
Under 49 CFR Section 392.5, any detectable presence of alcohol or a measured concentration between 0.02% and 0.039% requires an immediate 24-hour out-of-service placement.
3
Compare the actual regulatory consequence to the penalty asserted in the statement.
A one-year commercial disqualification applies at 0.04% or higher, making the statement incorrect.
Under 49 CFR Section 383.51, a first-offense one-year disqualification is triggered at 0.04% BAC or above, not at 0.02% to 0.039%.

Key Concept

FMCSA alcohol concentration thresholds and associated penalties (24-hour out-of-service vs. CDL disqualification)
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Topics

Alcohol and Drug Regulations

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