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You're tempting fate. While you're not considered DUI so long as your BAC remains under .04 while operating a CMV, it is still possible to be charged with Driving While Impaired with a BAC below the legal limit. Let a motor carrier officer smell beer on your breath, and it's not going to matter whether it was just one or two beers, or that you're within the legal BAC limit. At the very least, you'll be put out of service.

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