deep trouble

[dirk]

I have worked for ups 12 years and driving 6 years, about 2 years ago i got charged with a dui outside of work, so i loaded trucks 4 90 days and after that, started driving again, and ups was giving me random drug tests and breathalyzers which i was fine with i had no worries, because i dont do drugs, about a week ago i get the call from the boss about 730am to go take a test which was fine, had about 4 beers the night before but i also had food poisoning that night bad chicken so i was throwing up before i went to bed took a tylenol pm to help me sleep and was in bed by 1030 at night, had coffee with cinnamon threw up again guess my stomach still could not handle it and then my morning smoke, brushed my teeth had some listerine, and took my pee test and my breathalyzer but the breathalyzer was not good it showed alcohol in my breath .03 went to work showed the boss he was trying to get a ups nurse probably to draw blood but of course not because its so hellish in the morning so he just terminated me without takeing a blood test or anything, went to the union talked to the man but everyone is at panel meetings for a week or so.. i just dont think that was the correct process to terminate someone.... let me know...1

 

[Fnix]

cant you get drunk out of work as much as you want as long as you aren't drunk at work or while driving. hell i drink with my supes and center managers once in a while. in fact doing so tonight.

 

[HazMatMan]

I have worked for ups 12 years and driving 6 years, about 2 years ago i got charged with a dui outside of work, so i loaded trucks 4 90 days and after that, started driving again, and ups was giving me random drug tests and breathalyzers which i was fine with i had no worries, because i dont do drugs, about a week ago i get the call from the boss about 730am to go take a test which was fine, had about 4 beers the night before but i also had food poisoning that night bad chicken so i was throwing up before i went to bed took a tylenol pm to help me sleep and was in bed by 1030 at night, had coffee with cinnamon threw up again guess my stomach still could not handle it and then my morning smoke, brushed my teeth had some listerine, and took my pee test and my breathalyzer but the breathalyzer was not good it showed alcohol in my breath .03 went to work showed the boss he was trying to get a ups nurse probably to draw blood but of course not because its so hellish in the morning so he just terminated me without takeing a blood test or anything, went to the union talked to the man but everyone is at panel meetings for a week or so.. i just dont think that was the correct process to terminate someone.... let me know...1

4 beers the night before showed up on a breathylizer the next morning? Are you sure it wasn't the listerine?? I believe one of the cardinal sins is drinking on the job, so you were at work, breathylizer showed alcohol, boss assumed you were drinking on the job I guess. Where was your Steward??

 

[HazMatMan]

cant you get drunk out of work as much as you want as long as you aren't drunk at work or while driving. hell i drink with my supes and center managers once in a while. in fact doing so tonight.

Yeah, it's called alcoholism. If you drink the night before like this guy did, and it is showing up on a breathylizer the next morning before reporting to work (he did say he showed up for work right after the breathylizer) then your out of luck. Knowing he gets randomly tested why would he risk drinking during the week??

 

[dirk]

my Steward was clerk because all the drivers were leaving the building ive done these tests fifty times, before ive gone into work over a year in a half

 

[dunderchief]

If procedure wasn't followed it should come to light at hearing, and you should be reinstated. Make sure your BA knows all the facts and be truthful about everything at hearings.

In the future maybe you should think about not drinking at all during the week..just until this passes...that might be the safest route for you and your famiy's sake.

Good Luck

 

[Overpaid Union Thug]

I'm not so sure about how the whole process works with substance abuse for UPS but I know in my center a guy was fired for drinking on the job and eventually came back but was subject to random drug tests. He called in one morning and had already called in several times during the past two weeks so the sups decided to have him come in during the shift even though he had called in and take the test. He failed and hasn't worked since. I'm thinking that part of the rehab program allows random drug testing even if the employee isn't supposed to be working during the time of the test. Anyone feel free to correct me if I'm wrong. If I am wrong than I guess our guy was fired without proper procedures.

 

[dirk]

hell i wasnt drinking on the job, or alot even that night, think the breathalyzer system can be screwey ive done it fifty times, also peeing in a cup, because of the dui i had 2 years ago then they put me on some asap program like im doing drugs or something then this BS, then they want to ruin me after 12 years life sucks now its the waiting game

 

[hdkappler]

you should of had the steward in the room or even call a lawyer.you have rights to.

 

[swing_drv]

You'll get your job back. The contract states they have to do 2 test.

Article 35.
Sec 4.2
Sec 4.3
Sec 4.4

Sec 4.4 A confimation test must be peformed not sooner than fifteen (15) minutes after the screening test, but not more than thirty (30) minutes after the screening.

File as soon as you can because it will be up to you!

 

[dirk]

i did do a second test 15 min after but it was the same thing but a little lower the job is a really big deal why wouldnt they want to draw my blood from the workcare to gain the full truth or r they just to buisy in the morning to think of that the union is going to take it tot a panel when they get back in town

 

[TSup]

If your story is correct, and you do lose your job, it's your own fault.....
From the Listerine website.....


How much alcohol is in Listerine® Antiseptic Mouthwash?

Cool Mint, FreshBurst, Natural Citrus and Vanilla Mint contain 21.6% alcohol by volume, while Gold contains 26.9% alcohol by volume.


Why on earth would you use this right before taking a test???????

 

[brown67]

Listerine 'Martini?'

Facts vs. fiction about drunk driving.

By Jeff McConnell and James Mennella, Attorneys At Law

Don't laugh just yet. We've had a lot of drivers over the years call in from a pay phone, crying, wondering why they've just been issued a DUI (Driving Under the Influence) ticket even though they don't drink alcohol. What happened? How can you get a ticket for DUI when you don't drink?
This article tells you about a very serious problem that can end your career as a commercial driver: a DUI conviction involving your truck or your personal vehicle. Take a close look at the items you've got in your truck right now. What's in your suitcase? Mouthwash, cold medicine, allergy pills, prescription drugs? Did you know that most mouthwashes contain alcohol? That some cough and cold medicines contain huge doses of alcohol? How long does alcohol stay in your system? How much alcohol do you have to have before you can (legally) get a ticket for DUI?
We hope the following information will help answer these questions. Here's the truth.

Question: About a week ago, I woke up feeling like I was coming down with the flu so I took some liquid cough and cold medicine to see if I could beat this one. About an hour later, I pulled into a scale house and the officer asked me to take breathalyzer test. I told him that I didn't drink and took the test anyway. The breathalyzer read .045 and the officer gave me a DUI ticket! What now?</B>
Answer: The good news is you didn't refuse to take the breathalyzer test. Never refuse to take a breathalyzer. Refusing a breathalyzer test is an automatic suspension of your CDL. The bad news is you're holding a DUI ticket with your name on it and now you're "in the system." So here you are. You've just got a DUI ticket. Your license to drive (at least in the state where you got the ticket) is now suspended. You have to get an attorney. You have to schedule a hearing at the local DMV. You have to plead "not guilty" at the local court. You have to stay up nights worrying about being convicted and losing your CDL for at least a year.
All of this could have been avoided if you had taken a few minutes to go through your duffel bag, read your labels and thrown away anything with large amounts of alcohol in it. Get it out of the truck. The legal limit for commercial DUI is .04. That's not hard to get to, especially when you're using a mouthwash that's over 20% alcohol.

Question: I had been out the night before for dinner and drinking with some friends. I got a good night's sleep, got up early the next morning and was asked to take a breathalyzer when I stopped at the port of entry. I blew a .04 and got a DUI ticket. Why was my BAC (blood alcohol content) still so high?
Answer: "Residual Alcohol." This is the number-one problem we see. Residual or "left over" alcohol in your system will get you out of the truck faster than anything we know. If you're going to drink, remember that it takes your body a certain amount of time to process and get rid of alcohol. Depending on when you stopped drinking and your particular body, it's possible to still have a BAC hours later that could end up in a DUI charge.

Question: A friend told me that if an officer asks me to take a breathalyzer test I should refuse it so there's no evidence to use against me later. Should I refuse?</B>
Answer: No. don't refuse a breathalyzer test. If you refuse a breathalyzer test, your license will automatically be suspended even if you're found "not guilty" at trial. Also, when you refuse a breathalyzer, your attorney is going to have an even harder time convincing the prosecuting attorney to agree to a plea bargain. Don't tie your attorney's hands before he/she gets started. Take the breathalyzer.

Question: I got a DUI in my personal car and my company terminated my lease. Why does my company care what I do on my time off?</B>
Answer: What you have to remember is that you only have one MVR and any tickets, whether in your personal car or commercial truck, will show up on a single record. Your MVR determines what insurance rates you get. Bad MVR = Bad Rates. If your company is carrying your liability insurance, they'll want your MVR as clean as possible so their rates remain reasonable.

We hope you can use the information in this column to help with everyday, real life problems you face on the road. We invite you to send us any questions or comments you may have regarding transportation law to ROAD LAW, 1330 N. Classen Blvd., Suite 215, Oklahoma City, OK 73106; fax to (405) 272-0558 or contact us through our website at www.roadlaw.net. We look forward to hearing from you.

This was taken from Roadstar magizine. Two problems. One you may have still had alcohol in your system and two the listerine would have put you over too. You should have quit drinking the first time you got the DUI. Not much you can do now. You came up positive.
​

 

[rwsmith67]

Dirk, Ever consider giving up the alchol? It might be a good idea, once the co. has your number as a drinker, and what you have been through already, believe me they will never give up trying to nail you, saw a fellow driver in my center finally lose his job because he wouldn't give up the booze, they finally caught him dirty!

 

[raceanoncr]

cant you get drunk out of work as much as you want as long as you aren't drunk at work or while driving. hell i drink with my supes and center managers once in a while. in fact doing so tonight.

No, you CAN'T get drunk out of work as much as you want! DOT regs for CDL holders require that no more than .04 BAL even in personal car!

BUT!!! I guess if you're drinking with supes and CMs, you already know that, RIGHT?????

Geez!!!

 

[raceanoncr]

You'll get your job back. The contract states they have to do 2 test.

Article 35.
Sec 4.2
Sec 4.3
Sec 4.4

Sec 4.4 A confimation test must be peformed not sooner than fifteen (15) minutes after the screening test, but not more than thirty (30) minutes after the screening.

File as soon as you can because it will be up to you!

Good call, Swing, but there may be more.

Art 35, Sec 4.11 talks about discipline. In short, it says:

"...employee will have one (1) time rehabilitation opportunity for alchohol abuse as outlined in..."

"There shall be a one (1) time rehabilitation opportunity for substance abuse."

Look at #4. Dischargable offenses, Part B:

"A positive test, defined as 0.02 or higher, as part of post-care testing."

Or Part C:

"Failure to comply with the after-care treatment program."

Have all the requirements been met?

It doesn't sound like it.

 

[swing_drv]

raceanoncr You might be right.........But Section 4.11 (4) Dischargeable Offenses (B) A positive test,defined as 0.02 or higher,as part of post care testing. Since he has a DUI on record and probably has to call that 800 number every morning he might be screwed.

 

[dirk]

is their any way residual alcohol can be caused by listerine1

 

[swing_drv]

Dirk Do you have to call the 800 number every morning ?

 

[Coldworld]

maybe its the enviroment of this company that draws everybody to the alcohol. Its no secret that ups has a high rate of divorce and alcohol abuse...it would be very interesting to find out if this is totally related to this job. This isnt just in the union ranks either, theres a fair share of management that abuse alcohol also.