FMCSA Declares Nevada Truck Driver to be an Imminent Hazard

Wednesday, March 31, 2021

WASHINGTON – On March 26, 2021, Julio Perea Ayala was declared an imminent hazard to public safety by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration. Nevada licensed commercial driver, Ayala, was ordered by the FMCSA not to operate any commercial motor vehicle in interstate commerce.

Over the course of two weeks in March of 2021, Ayala was arrested twice by the Nevada Highway Patrol for driving under the influence. On March 5, Ayala presented with a blood alcohol content of 0.337. Just 12 days later on March 17, Ayala was again stopped by police, this time presenting with a blood alcohol content of 0.282.

According to federal safety regulations, it is against the law to have an alcohol concentration level greater than 0.04 while operating a commercial vehicle that requires a CDL, weighing more than 26,001 pounds.Ayala’s truck was impounded on both occasions, as he was charged with having open containers of alcohol present within the vehicle, and was operating a vehicle with expired registration.

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.”

A penalty of up to $1,298 for each violation can be given for failing to comply with the provisions within the federal imminent hazard. Intentionally violating the hazard may result in criminal penalties.

Ayala can not legally operate a commercial vehicle until he successfully completes the required return to duty process that must be overseen by a substance abuse professional.