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§286-242 - Commercial drivers prohibited from operating with any alcohol in their body.

     §286-242  Commercial drivers prohibited from operating with any alcohol in their body.  (a)  Notwithstanding any other provision of this chapter, a person may not drive a commercial motor vehicle while having any alcohol in that person's body.

     (b)  A person who drives a commercial motor vehicle while having an alcohol concentration of 0.01 per cent or more by weight or who refuses to take a test as provided by section 286-243 shall be issued a twenty-four-hour out-of-service order.  The driver shall also be placed out-of-service for twenty-four hours if the results of a blood test are not immediately available.

     (c)  It is unlawful for any person who has 0.04 per cent or more, by weight, of alcohol in the person's blood to drive a "commercial motor vehicle", as defined in section 286-2.  Any person who violates this provision shall be subject to the penalties as provided in section 286-249. [L 1989, c 320, pt of §2; am L 1990, c 342, §11; am L 1995, c 114, §7; am L 2006, c 130, §8]

 

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