CDL DRIVERS In GEORGIA
CDL DRIVERS WITH A DUI IN GEORGIA
Commercial drivers are held to higher and stricter standards than other licensees. Both federal regulations and Georgia law establish the criteria for commercial disqualifications, which withdraw the commercial driving privileges. Commercial disqualifications are generally triggered by traffic-related offenses and these offenses are divided into four distinct categories:
- DUI with a CDL License
- Major Traffic Offenses
- Serious Traffic Offenses
- Railroad Grade Crossing Violations
- Out-of-Service Order Violations
Georgia DUI Lawyer Richard Lawson has been handling DUI cases involving CDL Drivers for more than 20 years. He is a Former Georgia DUI Prosecutor who puts his experience to work for your 7 days a week, 365 days a year. Call anytime, day or night, for immediate legal attention.
DUI WITH A CDL
DUI while having a CDL is a serious matter that can result in a lifetime ban of your CDL. Even for a first lifetime DUI while having a CDL, your license can be suspended for up to a year. A second lifetime DUI can result in a lifetime CDL disqualification. The stakes are high. You need immediate legal attention now. These Georgia DUI Penalties apply, even if you were charged while driving your personal, Non-CDL vehicle.
Commercial drivers can be convicted of DUI per se with a 0.04 BAC if you were driving a commercial vehicle at the time. This is significantly lower than the 0.08 per se BAC level for non-commercial licensees. In addition, you will face a commercial disqualification if you refuse to take the State-administered chemical test as required by law. These ALS penalties do not have to happen if your Georgia DUI Attorney files a 30 day letter.
The Implied Consent Notice for Drivers of Commercial Motor Vehicles reads as follows:
Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?
Major Traffic Violations
Major Traffic Violations will result in the disqualification of your commercial driving privileges for a minimum period of one year for any person regardless of license class, whether the offense was committed in a commercial vehicle or non-commercial vehicle, and if the offense was committed in a jurisdiction other than the State of Georgia. Major Traffic Violations include the following offenses:
- Driving a vehicle under the influence in violation of Code Section 40-6- 391;
- Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270;
- Failure to report striking an unattended vehicle in violation of Code Section 40-6-271;
- Failure to report striking a fixed object in violation of Code Section 40-6-272;
- Failure to report an accident in violation of Code Section 40-6-273;
- Except as provided in subsection (b) of Code Section 40-5-151, any felony in the commission of which a motor vehicle is used;
- Driving a commercial motor vehicle while the person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified;
- Homicide by vehicle in violation of Code Section 40-6-393;
- Racing on highways or streets in violation of Code Section 40-6-186;
- Using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395;
- Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125;
- Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15;
- Theft of a commercial vehicle or of the cargo contained thereon or therein as provided for in Code Section 16-8-12(a)(8); or
- Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55.
A first conviction of any Major Traffic Violation will result in a one year disqualification of all commercial driving privileges. A second conviction will result in a lifetime disqualification, unless the second conviction occurred as part of the same incident as the first conviction of a Major Traffic Violation.
A conviction for using a motor vehicle in the commission of a felony involving the manufacturing, distributing, trafficking, or dispensing of a controlled substance will result in a lifetime disqualification that cannot be shortened or otherwise reduced even for a first offense.
If a Major Traffic Violation was committed in a commercial vehicle that was transporting quantities of hazardous material sufficient to require a placard you will face a three year disqualification for a first offense.
While federal regulations allow states to consider the re-issuance of commercial driver's licenses after 10 years on a lifetime disqualification, the State of Georgia will not reinstate commercial driving privileges after a lifetime disqualification for any reason.
Serious Traffic Violations
Serious Traffic Violations may result in the disqualification of your commercial driving privileges for any person regardless of license class, whether the offense was committed in a commercial vehicle or non-commercial vehicle, and if the offense was committed in a jurisdiction other than the State of Georgia. Serious Traffic Violations include the following offenses:
- Speeding 15 or more miles per hour above the posted speed limit;
- Reckless driving;
- Following another vehicle too closely;
- Improper or erratic lane change, including failure to signal a lane change;
- Any traffic violation in connection with a fatal accident, excluding homicide by vehicle as defined in Code Section 40-6-393;
- A railroad grade crossing violation in a non-commercial motor vehicle;
- Driving a commercial motor vehicle without obtaining a commercial driver's license;
- Driving a commercial motor vehicle without a commercial driver's license in the driver's immediate possession; or
- Driving a commercial motor vehicle without a commercial driver's license of the proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported; or
- Use of a wireless telecommunications device in violation of Code Section 40-6-241.2 while driving a commercial vehicle.
For a first conviction, there will be no disqualification. For a second conviction within a three-year period as measured by the violation dates for the convictions, there will be a 60 day disqualification. For a third or subsequent conviction within a three year period, there will be a 120 day disqualification.
A second or subsequent conviction for a Serious Traffic Violation will not generate a disqualification if it occurred as part of the same incident as a previous conviction for another Serious Traffic Violation.
All Serious Commercial Disqualifications will run consecutively to any other Serious Commercial Disqualifications on record meaning that any other Serious Commercial Disqualification must end before the new disqualification will begin to run.
Out-of-Service Order Violations
An out-of-service order is a temporary withdrawal of the privilege to operate a commercial vehicle and can be imposed against either the driver or the vehicle. Disqualifications for violating an out-of-service order will be applied when violations occur within a 10 year period as measured from the violation dates for the convictions.
For a first conviction for an out-of-service order violation, the disqualification is 180 days. For a second conviction for an out-of-service order violation, the disqualification is 2 years, or 3 years if the violation occurred while transporting quantities of hazardous material sufficient to require a placard or operating a vehicle designed to transport 16 or more passengers. For a third or subsequent conviction for an out-of-service order violation, the disqualification is 3 years.
Railroad Grade Crossing Violations
These offenses include:
- Failing to slow down and check the tracks are clear of an approaching train before proceeding;
- Failing to stop before reaching the crossing if the tracks are not clear;
- Failing to stop before driving onto the crossing (if required to do so);
- Failing to leave sufficient space to drive completely through a railroad crossing without stopping;
- Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or
- Failing to negotiate a crossing because of insufficient undercarriage clearance.
A disqualification for a Railroad Grade Crossing Violation will be imposed when the violations occur in separate incidents within a three year period as measured from the violation dates for the convictions.
For a first conviction, the disqualification is 60 days. For a second conviction, the disqualification is 120 days. For a third or subsequent conviction, the disqualification is one year.
Failure to weigh a commercial vehicle at a weigh station when required will result in a 90 day suspension of non-commercial driving privileges as well as a 90 day commercial disqualification.
Act Now And Protect Your Rights in Georgia
If you have been charged with DUI with CDL License, call Georgia DUI Lawyer Richard Lawson today. You are facing severe, possibly life-altering, consequences for DUI CDL Driver. We are here 24 hours a day, 7 days a week. Contact us today.