Commercial Truck Drivers Are Held to Lower Blood Alcohol Content Requirements
In the State of New Mexico, our Motor Vehicle Division lists it is illegal to drive with a blood alcohol concentration of .08 or more for individuals 21 or over. That threshold is much less, or .02 for individuals under 21.
Per the direction outlined by the Federal Motor Carrier Safety Administration, it is illegal to drive with a blood alcohol concentration of .04 or more for individuals who drive commercial vehicles, including semi-trucks.
At the Law Office of Samuel I. Kane, P.A., our Las Cruces truck accident attorneys understand that since those who hold a Commercial Driver’s License, or CDL, is held to a lower blood alcohol concentration, any consumption can dramatically increase their liability if they drink before getting behind the wheel and are later involved in a collision resulting in personal injury.
We are here to help pursue the truck driver, trucking company, or another third-party who can be found liable for the injuries caused by drinking and driving a large vehicle that can legally weigh up to 80,000 pounds.
How Can a Lower BAC Effect a Truck Driver’s Performance?
Truck drivers are held to a higher standard than passenger car vehicles because they are driving a much larger vehicle that can cause serious physical damage and catastrophic injuries when a collision does occur.
While everyone’s body chemistry, height, weight, and additional factors like food consumption will result in different BAC levels when consuming alcohol, research has determined that two drinks* in one hour can lead to the following individual results by weight:
- 120 pounds: .06 BAC
- 140 pounds: .05 BAC
- 160 pounds: .05 BAC
- 180 pounds: .04 BAC
- 200 pounds: .04 BAC
When truck drivers operate their semi-trucks under the influence of alcohol, it dramatically slows their reaction time, which increases the required braking distance. When proper braking is delayed, the heavy truck can tip over, placing the adjacent lanes, and the drivers occupying them, in severe danger.
(*One drink equals 1.5 oz. of 80 proof liquor, one 12 oz. beer, or one 5 oz. wine.)
How Will I Know If the Truck Driver is Under the Influence of Alcohol After a Collision?
If you have been in an accident with a truck driver in Las Cruces, call the police.
Law enforcement officials will speak with a truck driver while at the scene of the crash and are trained — like they are with all drivers — to look for signs of intoxication.
If they suspect the truck driver has consumed alcohol, they may request a roadside breathalyzer test, or even place the truck driver under arrest.
While the arrest may result in criminal charges, the police reports and officer testimony can also be used in a civil, personal injury claim.
How Can the Law Office of Samuel I. Kane, P.A., Help Build My Case?
Gathering evidence to build a comprehensive and effective truck accident claim requires experience and a strategic approach to face the insurance company and legal counsel the trucking company will rely on to get them out of paying for our clients’ financial recovery.
At the Law Office of Samuel I. Kane, P.A., our truck accident lawyers in Las Cruces allow our clients to confidently file a personal injury claim to pursue the maximum compensation for their injuries through investigative skills and the dedication necessary to uncover the evidence we need to produce results.
Contact Our Las Cruces Truck Accident Attorney at Law Office of Samuel I. Kane, P.A.
If you or someone you love has been injured or killed in a truck accident with a driver who registered a .04 BAC or higher, contact our Dona Ana County truck accident attorneys at the Law Office of Samuel I. Kane, P.A. and learn how we can pursue a personal injury claim against the responsible party by calling (575) 222-0472 to schedule a free consultation today.
