7.724 — OPERATION OF A COMMERCIAL VEHICLE UNDER THE INFLUENCE

Violations of "Statute 7.724" results in an Class D Misdemeanor with receiving an additional license point(s) of 8.

(a) Definitions

Operation of a commercial vehicle under the influence refers to the act of operating a commercial motor vehicle (CMV) while impaired by alcohol or a controlled substance. The blood alcohol concentration (BAC) limit for commercial drivers is set at 0.04%, which is half of the legal limit for non-commercial drivers (0.08%). This offense also includes impairment due to the use of drugs, whether prescription, over-the-counter, or illegal, which affects the driver's ability to operate the commercial vehicle safely.

(b) Elements

To establish the offense of operation of a commercial vehicle under the influence, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle, as defined under applicable transportation laws, on a public road or highway.
The defendant had a BAC of 0.04% or higher at the time of operation, or their ability to drive was impaired by a controlled substance, as evidenced by observable signs of impairment, such as erratic driving, inability to follow traffic laws, or physical signs of intoxication.
The defendant knew or should have known that their alcohol consumption or drug use impaired their ability to safely operate a commercial vehicle.
The defendant was in actual physical control of the commercial vehicle at the time the offense occurred.

(c) Defenses

Defenses against a charge of operation of a commercial vehicle under the influence may include:

The defendant’s BAC was below 0.04%, and there was no other evidence of impairment, such as erratic driving or inability to perform field sobriety tests.
The defendant’s impairment was caused by something other than alcohol or drugs, such as fatigue, illness, or a medical condition.
The defendant was not operating the vehicle at the time of the alleged offense and was merely in physical possession or control of the vehicle.
The defendant was unlawfully stopped or detained by law enforcement without probable cause or reasonable suspicion.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant caused an accident resulting in injury, death, or property damage while operating the commercial vehicle under the influence.
The defendant was transporting hazardous materials or passengers at the time of the offense.
The defendant has a prior history of offenses involving operating under the influence or commercial vehicle violations.
The defendant was found to be under the influence of drugs (controlled substances) in addition to alcohol while operating the vehicle.

Previous7.723 — DRIVING UNDER THE INFLUENCE OF ALCOHOL AS A MINOR Next7.725 — OPERATION OF A UNROADWORTHY VEHICLE

Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of operation of a commercial vehicle under the influence, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle, as defined under applicable transportation laws, on a public road or highway.

The defendant had a BAC of 0.04% or higher at the time of operation, or their ability to drive was impaired by a controlled substance, as evidenced by observable signs of impairment, such as erratic driving, inability to follow traffic laws, or physical signs of intoxication.

The defendant knew or should have known that their alcohol consumption or drug use impaired their ability to safely operate a commercial vehicle.

The defendant was in actual physical control of the commercial vehicle at the time the offense occurred.

Defenses against a charge of operation of a commercial vehicle under the influence may include:

The defendant’s BAC was below 0.04%, and there was no other evidence of impairment, such as erratic driving or inability to perform field sobriety tests.

The defendant’s impairment was caused by something other than alcohol or drugs, such as fatigue, illness, or a medical condition.

The defendant was not operating the vehicle at the time of the alleged offense and was merely in physical possession or control of the vehicle.

The defendant was unlawfully stopped or detained by law enforcement without probable cause or reasonable suspicion.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant caused an accident resulting in injury, death, or property damage while operating the commercial vehicle under the influence.

The defendant was transporting hazardous materials or passengers at the time of the offense.

The defendant has a prior history of offenses involving operating under the influence or commercial vehicle violations.

The defendant was found to be under the influence of drugs (controlled substances) in addition to alcohol while operating the vehicle.