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A Georgia DUI has many repercussions, and those with a commercial driver’s license can face a direct threat to their livelihoods. In Georgia, a DUI with a CDL can lead immediately to a disqualification of your license. That means no ability to drive commercial vehicles and no money coming in the door. Call Moffitt Law, LLC, to discuss any DUI arrest. We can advise you of potential penalties and begin building a case for your defense.
Can You Lose Your CDL for DUI?
Yes. A DUI will lead to immediate punishment. Under O.C.G.A. § 40-5-151, a person is disqualified from driving a commercial motor vehicle for at least a year if convicted of a major traffic violation. DUI is one of those violations.
If you get a second DUI, this same law will lead to a lifetime disqualification. That is a severe penalty.
What if I were driving My Personal Car?
It doesn’t matter. If you have a DUI, then you will have your CDL suspended for at least a year for a first offense. The law does not distinguish between a DUI in your vehicle or while driving a rig.
CDL DUI Limit
The legal limit in Georgia is 0.08%. That means a person can face a DUI charge if their blood alcohol content (BAC) is 0.08 or higher.
However, CDL holders face a stricter standard. Under Georgia law, anyone stopped while driving a commercial vehicle who has a 0.04% or more BAC is guilty of a misdemeanor. That is half the limit of a person without a commercial driver’s license. Depending on your size, even a couple of beers could be enough to send you over the limit and on your way to a criminal record.
Refusing a Breathalyzer Counts Against You
Some drivers refuse to give a breath test, hoping that declining will protect their license. They mistakenly believe that if the state does not have a breathalyzer result, then they can beat the charges. However, Georgia considers a refusal a violation, so your CDL gets suspended.
What’s more, the state could get a conviction even without a breath test. They could rely on the officer’s testimony that you were impaired. A DUI in Georgia does not require showing a particular BAC. So long as you are impaired by drugs or alcohol, you can be convicted.
Avoid a DUI at All Costs
CDL holders face an immediate loss of livelihood if they are arrested for DUI. Unfortunately, they can suffer a range of negative repercussions, including:
- Job termination.
- Higher insurance premiums.
- Inability to find future jobs.
Furthermore, a CDL holder cannot get a work permit which allows them to continue driving. Instead, they must suffer the one-year disqualification for a first offense, or a lifetime ban for a second offense. They will need to find some other way to support themselves.
What Can You Do to Protect Yourself?
The best choice is to reach out to an experienced Columbus DUI defense lawyer to fight the charges. For example, we can argue:
- The stop was unconstitutional because the officer did not have sufficient reasons to pull you over.
- There is insufficient evidence that you were under the influence of drugs or alcohol.
- The chemical test results are unreliable.
- You were not driving the vehicle or otherwise in control when you were stopped.
Your DUI defense lawyer’s job is to get a favorable result, which for a CDL holder could mean:
- Reduced charges
- Dismissed charges
Call our office today to find out more about how we fight DUI charges on behalf of CDL holders. We realize the stakes are exceedingly high, and your livelihood is on the line. We do everything legally possible to fight for our clients.
Can You Get a CDL with a DUI?
Perhaps you aren’t yet working in the transportation industry but hope to one day. It’s natural to wonder how a DUI will impact your career chances. Can you get a CDL with a DUI?
The answer is “yes.” A DUI does not forever disqualify you from getting a commercial driver’s license. However, most transportation companies are looking for a clean record going back several years. Some of them want to see no driving offenses for the past 10 years. You might struggle to get employed with a DUI, even if you have a valid CDL.
Hang Onto Your Career! Call Us Today
Moffitt Law, LLC is the firm to call if you are a CDL holder who was stopped for DUI. Contact us to schedule a consultation with our attorney.
