Federal regulations prohibit commercial truck drivers from operating with a blood alcohol concentration of 0.04 or higher, half the 0.08 limit for ordinary drivers, yet alcohol-impaired truck drivers continue to cause fatal crashes on Florida roads. In 2023, approximately 4% of large-truck drivers in fatal crashes were alcohol-impaired, and 5% of fatally injured large-truck drivers had a BAC at or above 0.08. In drunk driving crashes, the majority of victims are passengers in other vehicles.
The Law Offices of Sean M. Cleary represents families who have lost loved ones in tractor-trailer accidents caused by drunk driving, pursuing civil claims and working with law enforcement to ensure criminal accountability.
Federal Alcohol Regulations for Commercial Drivers
Under 49 C.F.R. 382.201, the Federal Motor Carrier Safety Administration prohibits drivers from performing safety-sensitive functions while under the influence of alcohol. Commercial drivers are prohibited from consuming alcohol within four hours before reporting for duty or operating a commercial motor vehicle under 49 C.F.R. 392.5. These heightened standards recognize that operating an 80,000-pound tractor-trailer requires complete sobriety.
The FMCSA requires pre-employment, post-accident, random, and reasonable-cause alcohol testing for truck drivers. Post-accident testing is mandatory when a fatality occurs, when an injury requires transport to a medical facility, or when a vehicle must be towed. A confirmed alcohol test of 0.04 or higher triggers immediate removal from safety-sensitive duties and creates documented evidence for litigation.
Rising Trends in Alcohol-Impaired Truck Drivers Causing Crashes
NHTSA data indicate that despite federal regulations and employer testing programs, the number of large-truck drivers who were impaired by alcohol in 2023 was higher than in 2022. The regulatory controls and employer testing requirements have not eliminated DUI risk among commercial drivers, even though large truck drivers show lower rates of alcohol impairment in fatal crashes than passenger vehicle drivers.
Criminal and Civil Liability Under Florida Law
A commercial driver who commits DUI is prosecuted under Section 316.193, Florida Statutes, which encompasses DUI, DUI-related serious bodily injury, and DUI manslaughter. DUI manslaughter charges under 316.193(3) carry felony penalties when an impaired driver causes a death. Florida's vehicular homicide provisions under 782.071 apply to deaths resulting from reckless or culpable operation.
The families of victims can file wrongful death claims in civil court against both trucking companies and drivers. Positive alcohol tests after an accident or refusals to submit to testing are powerful indicators of negligence. A trucking company can face direct liability for negligent hiring if it fails to screen drivers properly, negligent retention if it ignores prior alcohol-related incidents, or negligent supervision if it permits the driver to drive while impaired.
Holding Impaired Drivers and Trucking Companies Accountable with The Law Offices of Sean M. Cleary
When a tractor-trailer accident involves an impaired driver, Florida law allows recovery of compensatory damages for medical expenses, funeral costs, lost earnings and support, and the pain and suffering experienced by victims and surviving family members. The courts may also punish egregious behavior in Florida with punitive damages.
The Law Offices of Sean M. Cleary handles cases at the intersection of FMCSA regulations, Florida criminal drunk driving laws, and civil liability claims. If your family member suffered severe injuries or was killed by the negligence of an alcohol-impaired truck driver, our Miami office offers free consultations to discuss your path forward.