Driving under the influence (DUI) is a serious offense in Georgia, and if you have a commercial driver’s license (CDL), the consequences can be even more severe. A DUI arrest can jeopardize your job, your license, and your future. It is important to understand that there are specific rules and penalties for CDL holders, and making mistakes during your arrest can worsen the situation. Being prepared and knowing what to avoid can help protect your livelihood and rights.
One of the most important things you can do if you are stopped for DUI while driving with a CDL is to remain calm and make careful decisions. In this guide, we will explore the common mistakes people make during a Georgia CDL DUI arrest and how you can avoid them. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Not Understanding the Strict CDL DUI Laws in Georgia
One of the biggest mistakes CDL holders make is not fully understanding the DUI laws that apply specifically to them. In Georgia, the rules for commercial drivers are stricter than for regular drivers. While the legal blood alcohol content (BAC) limit for non-commercial drivers is 0.08%, for CDL holders, the limit is much lower at 0.04%. This means that even a small amount of alcohol can put you over the limit.
Additionally, a DUI conviction for a CDL holder can lead to much more severe penalties. A first offense could result in the suspension of your CDL for at least one year, and a second offense may lead to a lifetime disqualification. These penalties apply even if you were driving your personal vehicle at the time of the arrest. Failing to understand these strict rules can cause CDL holders to make poor choices during an arrest, such as admitting to drinking or failing to properly challenge the charges.
Refusing to Cooperate with Law Enforcement
When you are pulled over for a DUI, refusing to cooperate with law enforcement officers is a mistake that can lead to additional charges and complications. Some CDL holders believe that being difficult or refusing to comply with requests, such as taking a field sobriety test, will help them avoid being charged. However, refusing to comply can be used against you in court.
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 yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
In Georgia, refusing to take a breathalyzer or blood test when suspected of DUI can result in an automatic suspension of your license under the state’s implied consent law. This applies to both regular drivers and CDL holders. For a CDL driver, refusing these tests can lead to a one-year disqualification of your commercial license. Cooperating with the officer does not mean you are admitting guilt, but it can help you avoid harsher penalties for refusing to follow legal procedures.
Failing to Ask for Legal Representation
Another common mistake CDL drivers make during a DUI arrest is failing to immediately ask for legal representation. In the confusion and stress of the situation, many people forget that they have the right to an attorney. Even if you believe you are innocent, it is important to consult a lawyer as soon as possible. DUI cases, especially those involving CDL holders, can be complicated, and having legal representation can make a significant difference in the outcome of your case.
A lawyer who understands the specific laws surrounding commercial drivers and DUI cases in Georgia can help you navigate the legal process and potentially reduce or dismiss the charges. Waiting too long to seek legal help can result in missed opportunities to challenge the arrest or gather evidence that could work in your favor. Don’t make the mistake of thinking you can handle the situation on your own.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.” - Travis Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case." - James Hellens Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way." - Anonymous
Admitting to Drinking or Driving Under the Influence
During a DUI stop, it is common for law enforcement officers to ask if you have been drinking. Many drivers feel pressured to answer truthfully or believe that admitting to having “just one drink” will show they are being cooperative. However, this is a mistake that can severely harm your case later on. Anything you say during a DUI stop can be used as evidence against you in court.
It is important to remember that you have the right to remain silent. You are not required to answer questions about whether or not you have been drinking. Admitting to drinking, even if you believe it was not enough to impair your driving, gives the officer more reason to arrest you and charge you with DUI. Politely declining to answer such questions is within your rights and can help protect you from making incriminating statements.
Overlooking the Importance of Chemical Testing Results
The results of your chemical test, whether it is a breathalyzer, blood, or urine test, play a significant role in determining whether or not you will be charged with a DUI. CDL holders may sometimes overlook the importance of these results, especially if they feel confident that they were not impaired. However, if the test results show a BAC over 0.04%, you can still be charged, even if you were not showing obvious signs of impairment.
If you believe that the test results were inaccurate, you need to act quickly to challenge them. There are various factors that can affect the reliability of a breathalyzer or blood test, such as improper calibration or health conditions. Working with a lawyer who understands DUI testing procedures can help you dispute the results and potentially have the charges reduced or dismissed. Ignoring the test results or failing to challenge them is a mistake that can cost you your CDL and your career.
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Driving with a CDL after a License Suspension
One of the most serious mistakes you can make after being arrested for a DUI is continuing to drive with a suspended CDL. After a DUI arrest, your CDL may be temporarily suspended while the legal process is ongoing. If you are caught driving a commercial vehicle during this suspension, the consequences can be severe, including a longer suspension or even a lifetime disqualification.
It is essential to understand the terms of your suspension and avoid driving until your CDL is reinstated. Many CDL holders are tempted to continue working, especially if they believe they were unfairly charged with DUI, but this decision can lead to even harsher penalties. A lawyer can help you navigate the process of getting your CDL back and provide guidance on when it is safe to return to driving.
Assuming the CDL Disqualification Only Applies to Commercial Vehicles
Another common misconception is that the penalties for a CDL DUI arrest only apply when you are driving a commercial vehicle. In reality, even if you are arrested for DUI while driving your personal car, the consequences will still affect your CDL. Many CDL holders assume that as long as they were not driving a truck or other commercial vehicle at the time of the arrest, their CDL is safe. This is not true.
Georgia law applies the same penalties to CDL holders, whether they were driving a personal vehicle or a commercial one. This means that a DUI arrest in your personal car can still lead to the suspension or disqualification of your CDL. It is important to remember that your commercial driving privileges are at stake, no matter what vehicle you were operating at the time of the arrest.
Protecting a Professional License After a DUI and Refusal of a Blood Test Result: DUI Dismissed with No Jail Time and No Loss of License Challenging Admissibility of a .19 BAC Blood Test and Field Sobriety Evaluation Result: No Jail Time, No DUI on Record, No License SuspensionFeatured Case Results
Failing to Take Immediate Action After a CDL DUI Arrest
Finally, one of the most common and costly mistakes CDL holders make after a DUI arrest is failing to take immediate action. Time is of the essence in these cases, and waiting too long to address the charges can limit your options. In Georgia, you have a limited window of time to challenge the suspension of your CDL and request a hearing. If you miss this window, your license may be automatically suspended.
Additionally, the longer you wait to seek legal representation, the more difficult it can be to build a strong defense. Evidence can disappear, and witnesses’ memories may fade. Acting quickly and consulting a lawyer right away gives you the best chance of protecting your CDL and your career.
If you find yourself facing a CDL DUI arrest in Georgia, it is critical to avoid these common mistakes and take the right steps to protect your future. The legal process can be complex, and the consequences for CDL holders are serious. At Willis Law Firm, our team understands the unique challenges CDL drivers face and is here to guide you through the process. Whether you are facing a first offense or a repeat DUI charge, we can help you fight for your license and your livelihood. Don’t wait until it is too late—reach out to Willis Law Firm today to get the legal support you need.