Ala. Admin. Code r. 770-X-10-.17-3-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 770-X-10-.17-3-.04 - Intoxicating Liquor

(1) No person shall:

(a) Consume any intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor, within four (4) hours before going on duty or operating or having physical control of a motor vehicle; or

(b) Consume an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor, while on duty, or operating, or in physical control of, a motor vehicle; or

(c) Be on duty or operate a motor vehicle while he possesses an intoxicating liquor, regardless of its alcoholic content. However, this subparagraph does not apply to possession of an intoxicating liquor which is manifested and transported as part of a shipment; or

(d) Be on duty or operate a motor vehicle while he has a blood alcohol level of .04 percent or more.

(2) No motor carrier shall require or permit a driver to:

(a) Violate any provision of Paragraph (a) of this section; or

(b) Be on duty or operate a motor vehicle if, by his general appearance or by his conduct or by other substantiating evidence, he appears to have consumed an intoxicating liquor within the preceding four (4) hours.

(3) A driver operating a motor vehicle shall, when stopped and so directed by an enforcement officer of this Commission, take a blood alcohol test.

Ala. Admin. Code r. 770-X-10-.17-3-.04

Effective January 1978. Amended July 1989. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-3-5, 37-3-7.