CDL stands for a Commercial Driver's License. It is a type of license that is held to a much higher standards than other classes of licenses in Georgia because it requires training and specific qualifications that are necessary by law for people to operate large vehicles and buses.
Both Georgia and federal law outline the criteria for commercial drivers. There are a number of disqualifications that can take away someone's commercial driving privileges.
As a Georgia DUI Lawyer, I will focus today's post on outlining two of the most common types of disqualifications.
(1) Georgia DUI and CDL Licenses
The first disqualification is a DUI with a CDL License in Georgia.
If you have a CDL and get convicted for your first DUI in Georgia, your license could get suspended for up to a year. A conviction for your second DUI in Georgia can result in a lifet-long CDL disqualification.
The Georgia Implied Consent Notice is different for CDL Drivers. In fact, commercial drivers can be charged with a DUI per se with as low as a 0.04 Blood Alcohol Concentration level if driving his or her commercial vehicle at the time of the arrest. Moreover, you will face a commercial disqualification if you refuse to take a chemical test.
It doesn't even matter if you were driving your personal vehicle at the time of the alleged DUI, the same Georgia DUI Penalties will apply just because of your license status.
(2) Major Georgia Traffic Violations and CDL Licenses
The second disqualification I'd like to focus on is a major traffic violation. This includes the following offenses:
- Failure to Report: Striking an Unattended Vehicle, Striking a Fixed Object, or an Accident
- Hit and Run in Georgia - Leaving the Scene of an Accident in Georgia
- Using a motor vehicle in the Commission of a Felony
- Vehicular Homicide in Georgia
- Driving a Commercial Motor Vehicle with a Suspended or Disqualified CDL
- Racing on Highways or Streets in Georgia
- Operating a Motor Vehicle with Revoked or Suspended Registration
- Fleeing or Attempting to Elude An Officer in Georgia
- Theft of a Commercial Vehicle
Similar to the penalties for a first DUI conviction for a CDL Driver, a first conviction for any Major Traffic Violation for an individual with a CDL will result in a one year disqualification. And a second Major Traffic Violation conviction will result in a lifetime disqualification.
The only exception is if the second conviction is a part of the same incident as the first.
Even though federal regulations give states the opportunity to consider the re-issuance of CDLs after 10 years on lifetime disqualifications - the State of Georgia will not reinstate commercial driving privileges after a lifetime disqualification for any reason.
As you can see if you have been charged with a major traffic violation or a DUI with a CDL, you are facing serious consequences and penalties. Contact a Georgia DUI Lawyer today.
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