Commercial Driving Under The Influence

Understanding the Dangers and the Role of Experienced Legal Representation

Driving under the influence of alcohol or drugs is one of the most dangerous behaviors a commercial truck driver can engage in. With the immense size and weight of commercial vehicles, even a minor lapse in judgment caused by impairment can lead to catastrophic injuries, fatalities, and widespread damage. For victims of such accidents, seeking justice and appropriate compensation requires a deep understanding of trucking regulations and the unique challenges these cases present.

Federal Regulations and Alcohol Testing Requirements

The Federal Motor Carrier Safety Administration (FMCSA) has implemented strict regulations under the Federal Motor Carrier Safety Regulations (FMCSRs) to deter impaired driving among truck drivers. These include mandatory alcohol testing in various scenarios:

1. Pre-Employment Testing: Employers must ensure that potential commercial drivers undergo a negative drug test before performing safety-sensitive functions. While pre-employment alcohol testing is optional, it provides an extra layer of safety.
2. Reasonable Suspicion Testing: If an employer observes signs of impairment—such as slurred speech, erratic behavior, or alcohol odor—they are required to administer alcohol testing based on reasonable suspicion.
3. Post-Accident Testing: Following crashes involving fatalities, citations, or significant property damage, post-accident alcohol and drug testing must be conducted to determine whether impairment was a factor.

Despite these requirements, compliance issues are not uncommon. Some motor carriers fail to enforce reasonable suspicion testing or monitor historical alcohol-related violations by drivers, increasing the likelihood of repeat offenses and accidents.

The Prevalence and Risks of Drunk Driving Among Commercial Drivers

Driving under the influence of drugs or alcohol is a dangerous behavior that puts everyone on the road at risk. Despite stringent laws and severe penalties, some truck drivers engage in this reckless practice, compromising not only their safety but also that of other road users.

According to the National Highway Safety Traffic Administration (NHTSA), 2% of all truck drivers involved in fatal crashes in 2019 were under the influence of alcohol. Additionally, about 1% of all large truck drivers had a driving under the influence conviction on their five-year driving records, amounting to hundreds of thousands of truckers. 

Although commercial drivers are held to a stricter legal limit for blood alcohol concentration (BAC)—0.04%, compared to 0.08% for non-commercial drivers—alcohol-related violations still occur. Data from the FMCSA reveals:

• In 2019, 3.1% of large truck drivers involved in fatal crashes had a BAC of 0.01% or higher, and 2.0% had a BAC of 0.08% or higher.
• Alcohol-related collisions in Kentucky accounted for 153 fatalities in 2020, highlighting the severe risk impaired drivers pose to road safety.
  Source: Kentucky Office of Highway Safety – Drunk Driving Statistics

How an Experienced Trucking Injury Law Firm Adds Value

For trucking companies, a single impaired driver often points to systemic issues, such as inadequate safety training or a culture that tolerates risky behavior.

When accidents involving impaired truck drivers occur, victims need an experienced legal team that understands the intricacies of trucking law. At Sam Aguiar Injury Lawyers, we go beyond surface-level investigations to uncover the root causes of these incidents. Here’s how we make a difference:

• Deep-Dive Investigations: Our dedicated trucking injury team investigates driver qualification files (DQFs) to identify patterns of alcohol-related violations. These files may reveal whether the driver had a prior history of alcohol use or whether the motor carrier failed to address such behavior.
• Motor Carrier Compliance Reviews: We examine the motor carrier’s adherence to FMCSA regulations, including their record of conducting reasonable suspicion testing, addressing prior alcohol-related violations, and ensuring compliance among other drivers in their fleet.
• Historical Records Analysis: By reviewing company records, we can uncover trends such as other drivers testing positive for alcohol or drug use, insufficient alcohol education programs, or a history of disregarding safety violations.
• Accountability and Justice: These findings allow us to hold motor carriers accountable for their negligence, ensuring that victims receive compensation not just for their immediate injuries but for the long-term financial and emotional impact of the accident.

Choosing the Right Legal Team for Your Trucking Injury Case

At Sam Aguiar Injury Lawyers, we understand the devastating consequences of trucking accidents caused by impaired drivers. With extensive knowledge of FMCSA regulations, we’re equipped to identify issues that other firms might overlook. Our goal is to secure life-changing results for our clients, faster than any other firm.

Contact us today if you or a loved one has been injured in a trucking accident in Louisville, Lexington, or anywhere in Kentucky. Our experienced team is ready to fight for the compensation you deserve and ensure that reckless drivers and negligent trucking companies are held accountable.

By combining in-depth knowledge of trucking law with a commitment to client service, Sam Aguiar Injury Lawyers ensures that victims of these devastating crashes have the support they need to rebuild their lives. Let us put our expertise to work for you.