Commercial driver’s license (CDL) holders in Georgia face stringent regulations and harsh penalties if charged with driving under the influence (DUI). The implications of a CDL DUI charge extend far beyond those faced by non-commercial drivers. Not only are CDL holders subject to severe legal penalties, but they also risk losing their livelihood if convicted. It is crucial for CDL drivers to understand their rights and the possible defenses available to them when facing a DUI charge in Georgia.
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CDL and DUI Laws
When a CDL holder is charged with DUI, the first step is to understand the specific legal standards and implications that apply. In Georgia, the legal blood alcohol concentration (BAC) limit for non-commercial drivers is 0.08%. However, for CDL holders, the limit is significantly lower at 0.04% if they are operating a commercial vehicle. Even if a CDL holder is driving a non-commercial vehicle, a DUI conviction can lead to disqualification of their commercial driving privileges. This lower threshold underscores the necessity for CDL drivers to be particularly cautious and well-informed about their rights and defense options.
Defenses for DUI
One of the primary defenses against a CDL DUI charge in Georgia involves challenging the traffic stop itself. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This protection extends to traffic stops. For a stop to be lawful, the officer must have reasonable suspicion that the driver is violating the law. If it can be demonstrated that the officer lacked reasonable suspicion to initiate the traffic stop, any evidence gathered as a result of the stop may be deemed inadmissible in court. This can significantly weaken the prosecution’s case and may lead to the dismissal of the charges.
Another defense strategy involves scrutinizing the administration and accuracy of the field sobriety tests. Field sobriety tests are commonly used by law enforcement officers to establish probable cause for a DUI arrest. However, these tests are not foolproof and can be influenced by various factors such as the individual’s physical condition, weather conditions, and even the officer’s instructions. If the field sobriety tests were not administered correctly or if there are doubts about their accuracy, this can be used to challenge the officer’s conclusion that the driver was impaired.
Greg Willis has been successful at defending DUI cases (over 93% without a conviction)
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.
Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client
Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country
Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years
The reliability of the breathalyzer test is also a critical aspect that can be contested. Breathalyzer devices must be properly maintained and calibrated to provide accurate readings. Additionally, the officer administering the test must be trained and follow specific protocols. If there is evidence that the breathalyzer device was not functioning correctly, was improperly calibrated, or that the officer failed to follow the correct procedures, the results of the breath test can be challenged. In some cases, this can lead to the suppression of the breath test results, which can significantly impact the prosecution’s ability to prove impairment.
Medical conditions and medications can also be a viable defense against a CDL DUI charge. Certain medical conditions, such as acid reflux or diabetes, can result in false positives on breathalyzer tests. Additionally, some medications can affect the results of field sobriety tests and breath tests. It is important to provide thorough medical documentation and testimony to support this defense. If it can be demonstrated that a medical condition or medication influenced the test results, it can cast doubt on the prosecution’s case.
Another potential defense involves the timing of the BAC test. The body metabolizes alcohol over time, which means that a BAC level can fluctuate. If there was a significant delay between the time of driving and the administration of the BAC test, it can be argued that the BAC level at the time of the test does not accurately reflect the BAC level at the time of driving. This defense requires a detailed understanding of how alcohol is metabolized and may involve testimony to support the argument.
The handling and preservation of evidence is another critical area to examine. Law enforcement officers are required to follow specific procedures for collecting, handling, and preserving evidence related to a DUI charge. This includes the proper storage of breath and blood samples. Any deviation from these procedures can compromise the integrity of the evidence. If it can be shown that the evidence was mishandled or contaminated, it may be possible to have it excluded from the case, which can significantly weaken the prosecution’s position.
Additionally, the credentials and training of the arresting officer can be scrutinized. Officers must undergo specific training to conduct DUI investigations and administer tests such as the field sobriety tests and breathalyzer tests. If the officer did not have the proper training or certification, it can be argued that they were not qualified to make an accurate determination of impairment. This defense requires a detailed investigation into the officer’s background and training records.
The Arrest Procedure
Understanding the procedural aspects of a DUI arrest is also essential. CDL holders have certain rights that must be upheld during the arrest process. For example, they must be informed of their right to refuse a breath or blood test and the potential consequences of refusal. If the officer failed to inform the driver of these rights or if there were other procedural errors during the arrest, it can be used as a defense to challenge the validity of the DUI charge.
Plea Deals
Negotiating plea deals is another avenue that may be explored. Depending on the circumstances of the case and the strength of the evidence, it may be possible to negotiate a plea deal with the prosecution. This could involve pleading guilty to a lesser charge in exchange for a reduced sentence or lesser penalties. While this may not be an ideal outcome, it can sometimes be the best option to avoid the most severe consequences of a DUI conviction, such as the disqualification of a CDL.
Getting Legal Help
For CDL holders, the stakes are particularly high when facing a DUI charge. A conviction not only results in legal penalties such as fines, jail time, and probation, but it also leads to the suspension or revocation of their commercial driving privileges. This can have devastating consequences for their career and livelihood. Therefore, it is imperative to mount a vigorous defense to protect their rights and future.
Seeking legal representation from a knowledgeable attorney who has experience defending CDL holders against DUI charges is crucial. An attorney can provide the guidance and advocacy needed to navigate the complex legal landscape and build a strong defense. They can conduct a thorough investigation of the case, identify potential defenses, and represent the CDL holder in court. The goal is to achieve the best possible outcome, whether that is a dismissal of the charges, a not-guilty verdict, or a favorable plea deal.
Defending Your Rights and Your Livelihood
At Willis Law Firm, we understand the unique challenges faced by CDL holders charged with DUI in Georgia. Our team is dedicated to providing personalized and aggressive legal representation to protect your rights and your livelihood. We have a deep understanding of the laws and regulations governing CDL holders and the intricacies of DUI defense. We will work tirelessly to investigate your case, identify weaknesses in the prosecution’s evidence, and develop a robust defense strategy tailored to your specific circumstances.
If you are a CDL holder facing a DUI charge in Georgia, do not leave your future to chance. Contact Willis Law Firm today to schedule a consultation. Our experienced attorneys are here to help you understand your rights, explore your defense options, and fight for the best possible outcome in your case. Your career and livelihood are too important to risk. Let us provide the legal support you need to navigate this challenging time.
