(1) A police officer or a person authorized by the Department of Transportation to perform vehicle safety inspections shall issue an out-of-service order to the operator of a commercial motor vehicle if any of the following applies:
(a) The person has reasonable grounds to believe that the operator has consumed alcohol or other intoxicating beverage within four hours prior to the time the operator began operating the vehicle or at any time while operating the vehicle. As used in this paragraph, ‘reasonable grounds’ includes, but is not limited to, smelling alcohol on the breath or person of the operator.
(b) A chemical test of the operator’s breath discloses any amount of alcohol in the blood of the operator.
(c) The operator possesses an intoxicating beverage while operating the vehicle. This subsection does not apply to possession of an intoxicating beverage that is manifested and transported as part of a shipment.
(2) An out-of-service order issued under this section shall become effective upon its issuance and shall remain in effect for 24 hours.
(3) The Department of Transportation shall adopt rules requiring that any driver issued an out-of-service order under this section be required to report the order to the department and to the driver’s employer. Rules adopted under this section may include, but need not be limited to, rules specifying the times within which reports must be made and the contents of the reports.
(4) Violation of an out-of-service order issued under this section is a Class A felony, punishable by less than a year of confinement. Source: U.S. DOJ “>misdemeanor. [1991 c.185 § 14; 1993 c.400 § 1]
[1993 c.400 § 4; 2003 c.402 § 39; 2007 c.122 § 4; repealed by 2009 c.395 § 15]