Nevada Truck Driver Sidelined By FMCSA After DUI Arrests Less Than Two Weeks Apart
Washington D.C. – The Federal Motor Carrier Safety Administration (FMCSA) has ordered a Nevada-licensed trucker out of service after two recent Driving Under the Influence (DUI) arrests less than two weeks apart.
On Wednesday, FMCSA announced the Agency declared commercial driver Julio Perea Ayala to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle (CMV) in interstate commerce.
Ayala was served the federal order on March 26, 2021, according to the FMCSA.
Ayala was arrested by the Nevada Highway Patrol for DUI of alcohol while operating a CMV on two separate occasions 12 days apart in March of this year.
On March 5, Ayala was stopped for erratic driving; his blood alcohol content measured 0.337.
Then on March 17, Ayala was pulled over again; his blood alcohol content measured 0.282.
Federal safety regulations prohibit CMV drivers from possessing an alcohol concentration of greater than 0.04 while operating a commercial vehicle weighing more than 26,001 pounds.
In addition to the DUIs, in both arrests Ayala was also charged with having open containers of alcohol and operating a vehicle with expired registration.
The Nevada Highway Patrol impounded Ayala’s truck in each instance.
FMCSA’s imminent hazard out-of-service order states that Ayala’s “blatant and egregious violations of the [federal safety regulations] and disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and/or to the motoring public if not discontinued immediately.”
Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,928 for each violation.
Knowing and/or willful violations may result in criminal penalties.
Ayala may not operate a commercial motor vehicle until such time as he successfully completes the statutorily required return-to-duty process overseen by a Substance Abuse Professional.