Truck Driver Drunk Driving on St. Patrick’s Day: New Mexico Trucking Accident Lawyers
New Mexico and Federal Law on Truck Driver Drunk Driving on St. Patrick’s Day: New Mexico Trucking Accident Lawyers Explain
While St. Patrick’s Day is a holiday about so much more, for many people St. Patrick’s Day is about drinking and partying with friends or coworkers. Even with the present pandemic, many people will still partake in traditional St. Patrick’s Day festivities which include alcohol. Most people will be smart and not drink and drive. However, some people will think they are either above the law or that they are not intoxicated enough to impair their driving. Unfortunately, some of these people will be truck drivers who are not supposed to drink even hours before a shift starts. A truck driver drunk driving on St. Patrick’s Day is a serious problem which could result in catastrophic personal injuries. A truck driver drunk driving on St. Patrick’s Day could cause serious personal injuries or wrongful death. Learn about New Mexico law and federal regulations which aim to keep us safer on or around the roadways as well as give us important legal rights after an 18 wheeler wreck.
New Mexico Laws Against Truck Driver Drunk Driving
It is well understood that driving while intoxicated is very dangerous and reckless. It is one of the most preventable causes of New Mexico motor vehicle accidents. Unfortunately, drunk driving accidents are still huge problem. Not only is driving well intoxicated against the common law, or judge made law, but the New Mexico legislature has obviously prohibited driving while intoxicated. This law applies to all motorist, including truck drivers who may not live in New Mexico and trucking companies who may not be organized in New Mexico. This is because, by virtue of driving through New Mexico, all truck drivers and trucking companies must comply with New Mexico law.
Specifically, NM Stat. 66-8-102 provides that it is “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state . . . . [and it is] illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.” Under New Mexico law, drivers over a BAC of .08 are automatically in violation of this statute and found to be driving drunk.
Federal Motor Carrier Safety Administration (FMCSA) Regulations
In addition to New Mexico law, truck drivers and trucking companies must comply with federal regulations. Specifically, 49 CFR section 392.4 prohibits a truck driver from operating a commercial vehicle when he or she is under the influence of ANY intoxicant that may render him or her incapable of safety operation. This has been interpreted to be even a .01 BAC. In addition, 49 CFR section 392.5 prohibits a truck driver from using alcohol within four hours of a shift starting and obviously not during a shift. This is a very strict requirement. Any violation of either regulation could bring liability for a New Mexico trucking accident.
Victims of New Mexico Trucking Accidents Due to a Truck Driver Drunk Driving on St. Patrick’s Day Have Rights
If you or a loved one are seriously injured due to FMCSA violations such as truck driver drunk driving on St. Patrick’s Day, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.