(A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.

(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under § 56-1-2130 must be placed out-of-service for twenty-four hours.

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Terms Used In South Carolina Code 56-1-2120

  • Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property if the vehicle:

    (a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;

    (b) is designed to transport sixteen or more persons, including the driver; or

    (c) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See South Carolina Code 56-1-2030
  • Drive: means to drive, operate, or be in physical control of a motor vehicle. See South Carolina Code 56-1-2030
  • Motor vehicle: means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs. See South Carolina Code 56-1-2030
  • State: means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada. See South Carolina Code 56-1-2030

(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under § 56-1-2110.

(D) A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment.