A CDL driver must follow prescribed state law in regards to alcohol concentrations in a personal vehicle. Consider the following:
- When in a personal vehicle, the driver would be charged (or not charged) based on the prescribed state alcohol limit, not .04.
- If the driver is convicted of a DWI under the prescribed state law in a personal vehicle, it will be held against the driver for CDL disqualification, providing the state of licensing has implemented the new CDL disqualifications.
Had an alcohol concentration been discovered while operating a commercial motor vehicle, the driver would be charged and disqualified based on an alcohol concentration of .04 or greater. Offenses and disqualification periods for alcohol and drug convictions for both CMVs and non-CMVs are listed in 383.51.