Commercial DUI Lawyer in Atlanta

DUI Laws for Commercially Licensed Drivers

Although it is illegal for anyone in the state of Georgia to operate a motor vehicle while under the influence of alcohol or drugs, those who possess a commercial driver's license (CDL) are subject to stricter regulations. While non-commercial drivers can be charged with driving under the influence (DUI) if their blood-alcohol concentration (BAC) is measured at .08% or greater, commercial drivers can be charged with the same offense if their BAC exceeds .04%.

Should an individual be convicted of this crime, they could be forced to forfeit their commercial driver's license for life, so there is arguably much more at stake for those who have been charged with this type of DUI offense. Since your ability to earn a living could be at risk, it is highly recommended that you speak our founding attorney, Matthew T. McNally, as soon as you have been arrested for CDL DUI.

Work with our Atlanta DUI attorney today by calling (678) 918-4421! With our firm, you benefit from the insight of a former Assistant District Attorney.

Commercial DUI Conviction Penalties

If you have been charged with DUI for operating a commercial vehicle with a BAC of .04% or greater, you could be facing numerous legal penalties. Not only could you be sentenced to hard time behind bars, but you may also be asked to forfeit your commercial driver's license for a period of time.

Take a look at the penalties for a commercial DUI:

  • First Commercial DUI Offense (BAC .04%–.08%)
    • No mandatory jail time
    • One-year total CDL disqualification
    • 40 hours of community service
    • $300 to $1,000 in fines
  • First Commercial DUI Offense (BAC .08% & above)
    • Minimum of 24 hours in jail
    • One-year total CDL disqualification
    • 40 hours of community service
    • $300 to $1,000 in fines
  • Second Commercial DUI Offense (BAC .04% & above)
    • Minimum of 72 hours in jail
    • Three-year state license suspension
    • Lifetime CDL disqualification
    • 30 days of community service
    • $600 to $1,000 in fines
  • Third Commercial DUI Offense (BAC .04% & above)
    • Minimum of 15 days in jail
    • Five-year state license revocation
    • Lifetime CDL disqualification
    • 30 days of community service
    • $1,000 to $5,000 in fines

The Department of Driver Services will prohibit you from operating a commercial vehicle for one year if you have refused to submit to a blood, breath or urine test at a law enforcement officer's request. Since Georgia's implied consent laws require all drivers to consent to chemical testing when they have been suspected of driving under the influence, you would face automatic penalties if you refuse to cooperate. It is also true that the prosecution could use your refusal as evidence of your guilt during the subsequent criminal trial—as a law enforcement officer can still make a DUI arrest even if they did not measure your BAC.

Facing the Loss of Your CDL? Contact our Atlanta DUI Attorney.

If you have been faced with the potential loss of your commercial driver's license, you will want an aggressive lawyer in your corner. For this reason, the legal team at the Law Office of Matthew T. McNally encourages you to place your trust in the hands of our Atlanta DUI lawyer. Not only can he contribute more than five years of prosecutorial experience to your defense, but he will work diligently to uncover any inconsistencies in the results of a failed breath, blood or urine test.

Call our office today at (678) 918-4421 or submit a complimentary case evaluation form online.

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