Carrollton CDL DUI Lawyer

Truckers with a commercial driver's license (CDL) who are charged with driving under the influence (DUI) of alcohol need to be careful. Depending on the outcome of a CDL DUI case, your freedom to continue being a commercial driver or a free individual is at stake. It's our job to reduce the consequences for your future where possible.

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At Moffitt Law, we offer DUI defense for truck drivers in Carrollton, GA, and the surrounding areas. Commercial drivers face harsher DUI penalties than other motorists.

Georgia’s CDL DUI Limits

Most states, Georgia included, impose a Blood Alcohol Concentration (BAC) of .04% on CDL holders as opposed to the .08% BAC that regular motorists are subject to. If convicted of driving with a BAC of 0.04% or more, a person operating a commercial motor vehicle (CMV) must be disqualified (regardless of their duty status).

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DUI Penalties for CDL Holders in Georgia

Commercial drivers face stiffer penalties if they violate traffic laws because operating a commercial vehicle requires more skill and care than driving a regular car. A CDL holder with a DUI charge may face possible jail time, fines, DUI school, counseling, and more.

If you’re a truck driver with DUI charges, you may stare at a 12-month disqualification from operating a commercial vehicle or the following consequences:

  • Incur points for violations on your driving record, typically half a point higher than average.
  • No traffic schools can help you clear driving infractions from their record.
  • Certain offenses can be upgraded to misdemeanors, which may lead to fines and jail time of less than a year.
  • Driving privileges may be suspended or altogether revoked, potentially bringing about the loss of employment.

According to Georgia CDL DUI laws, subsequent convictions might culminate in criminal charges even if the driver was operating their car at the time of the DUI arrest. Because of the negative implications of these charges, commercial drivers should consult a CDL DUI lawyer to help them build a strong case in their defense.

Is It Possible to Get a CDL With a DUI Conviction?

If convicted of a DUI, commercial drivers cannot drive a bus, semi-truck, or any transportation vehicle, with a permit or restricted license in Georgia. Should they be found guilty, they must wait at least 12 months before they can drive again.

A second offense resulting in a DUI conviction will lead to a permanent ban for a commercial driver. This means the trucker will never be able to obtain a commercial driver’s license again in Georgia. If a truck driver with DUI charges was transporting hazardous materials when they got arrested, the period is extended to three years.

Drivers who meet court-mandated conditions after a year of disqualification may apply for a CDL. If you’ve been disqualified from obtaining a CDL license and are seeking reinstatement, you should leverage the expertise of experienced CDL DUI lawyers. You might get your license back after a DUI, but it’s a lengthy process. You’ll still be required to wait until you’re eligible to apply for reinstatement and then retake the full CDL test.

Contact a DUI Lawyer for Truck Drivers in Carrollton

A CDL DUI charge is treated differently than a regular DUI because such a conviction is considered extremely serious and can result in severe penalties. The best defense against such allegations is hiring a seasoned CDL DUI attorney to help you identify legal defenses that allow you to stay out of jail and retain your license.

These defenses may include checking if the traffic police had probable cause to stop and arrest you or undermining the credibility, reliability, and validity of any sobriety test results.

Do not give up your license without a fight. Schedule a free consultation with a DUI lawyer at Moffitt Law, LLC, to discuss your case and determine a favorable way forward.

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I refused a State’s blood, urine, or breath test. What will happen?

Your driver’s license driving privileges in Georgia will be suspended unless an administrative license suspension hearing is requested.

How long do I have to file an Administrative License Hearing (ALS)?

Your DUI lawyer has 30 days from your arrest date to write an appeal letter requesting an ALS hearing to present arguments that protect your driving rights.

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