Atlanta DUI for Commercial Driver's License
A DUI in Georgia has greater repercussions for a driver holding a commercial driver's license (CDL), than for a regular driver. This could include losing your CDL for a year or more. For most people with a CDL, driving is part of their livelihood, and losing the ability to drive may cost them their job. Before you decide what to do after a DUI arrest, you need to understand the consequence of a commercial DUI. I have been handling Atlanta DUI cases for commercial drivers for nearly 20 years, and understand what impact a Georgia CDL DUI can have on your job and your life.
Blood Alcohol Concentration
For most driver's, they are not considered to be per se intoxicated under Georgia DUI laws unless they have a blood alcohol concentration (BAC) of 0.08% or greater. This is tested by analyzing breath or blood samples to determine how much alcohol is in the driver's system. For most drivers, this can be as little as three drinks in an hour. However, the limit for CDL driver's is much lower. CDL driver's are held to a higher standard while operating a commercial vehicle. A commercial driver is in per se violation of DUI laws if they have a BAC of 0.04% or greater. That is half of the limit for regular drivers, and in some cases, having only one drink can put a driver over the 0.04% limit.
A driver with a CDL can get their license suspended for a DUI in the commercial vehicle, a DUI in their private vehicle, or even for refusing to submit to a chemical test. For a first time DUI, your CDL can get suspended for a full year. A second DUI can result in a lifetime disqualification from holding a CDL. These are serious consequences, and even with a first-time DUI, it is important to talk to an experienced Georgia DUI lawyer to understand what your options are, and how you can fight a conviction.
If you are arrested for a DUI, even before any conviction or court finding, your license can be suspended. You only have 30 days from the date of arrest to challenge the automatic suspension of your license. An administrative license suspension, or ALS, can be challenged only if a hearing is requested within 30 days. After 30 days are up, and no hearing was requested, the license suspension will be automatic. Your Atlanta DUI lawyer can file a 30 day letter to challenge not only the license suspension, but the DUI conviction as well.
Implied Consent Refusal
Implied consent laws apply to commercial drivers, as well as regular drivers. Implied consent means that you are required to submit to state administered chemical tests to determine the presence or amount of drugs or alcohol in your system. Refusing to submit to chemical tests after a DUI arrest will disqualify you from operating a commercial motor vehicle for a minimum of one year.
Atlanta Commercial License DUI Lawyer
If you have been arrested for driving under the influence in Atlanta, your license will be suspended, unless you act within 30 days. Your ability to drive will impact your work, personal life, and possibly your livelihood. An administrative suspension can be just as damaging as a criminal conviction. Call me today, so we can immediately file a 30-day hearing letter. We can discuss what happened in your case, and how we will fight to keep your license and defend your rights in court.