The Risks of Refusing a Roadside Test with a CDL in Georgia

If you are facing a CDL DUI charge in Georgia, you may feel overwhelmed and unsure of your next steps. At Willis Law Firm, we understand how stressful this situation can be. Your CDL is not just a license; it is your livelihood, and we know how important it is to protect your future. Our team is here to provide the guidance and support you need to fight these charges and move forward with confidence.

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Understanding Roadside Tests and CDL Drivers

When law enforcement suspects a driver of being under the influence, they may request a roadside test. These tests, including field sobriety exercises or a portable breath test, are often used to determine if there is enough evidence to make an arrest. CDL drivers are held to a higher standard because of their professional responsibilities and stricter regulations. The blood alcohol concentration limit for CDL drivers is 0.04, much lower than for non-commercial drivers.

Refusing a roadside test might seem like the right decision in the moment, but it comes with serious risks. Georgia has strict implied consent laws, which means that by holding a CDL, you have agreed to comply with testing when requested by law enforcement. Refusing to take a test could result in automatic penalties and jeopardize your ability to drive commercially.

Immediate Consequences of Refusing a Roadside Test

One of the most immediate consequences of refusing a roadside test is the possibility of having your CDL disqualified. Under Georgia law, a refusal is considered a violation of implied consent. This can lead to a one-year disqualification of your CDL, even if you are not ultimately convicted of DUI. Losing your CDL for an entire year can have devastating effects on your career and financial stability.

In addition to the CDL disqualification, refusing a test can result in a suspension of your regular driver’s license. This makes it even more challenging to meet your personal and professional obligations while dealing with the legal process.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Refusal and Its Impact on Your DUI Case

When a CDL driver refuses a roadside test, it can also impact the legal process. Prosecutors may argue that the refusal is evidence of guilt, which can make it harder to build a strong defense. While a refusal might limit the amount of evidence available to law enforcement, it does not eliminate the possibility of a conviction.

Georgia courts take CDL DUI cases seriously, and refusing a test can create additional challenges when trying to negotiate for reduced charges or seek alternative penalties. It is important to have a legal strategy in place that considers the specific circumstances of your case.

Why CDL Drivers Face Unique Challenges

As a CDL holder, you are subject to more stringent rules and regulations. The Federal Motor Carrier Safety Administration oversees CDL licensing and has strict standards for alcohol and drug use. A CDL DUI can lead to penalties that are harsher than those faced by non-commercial drivers.

Even a first-time offense can result in long-term consequences, including the loss of your CDL. This can make it difficult to find employment in the future, as many employers in the trucking and transportation industries require a clean driving record.

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

How Refusing a Test Could Affect Your Career

When your livelihood depends on your CDL, the stakes are incredibly high. Refusing a roadside test not only risks losing your license but can also damage your reputation in the industry. Many companies are reluctant to hire drivers with a history of DUIs or implied consent violations.

In some cases, refusing a test could lead to termination if your employer has a zero-tolerance policy for such violations. Even if you manage to avoid a conviction, the refusal itself may remain on your record, which can affect future opportunities.

The Importance of Legal Representation

If you are facing a CDL DUI charge, it is crucial to seek legal assistance as soon as possible. The legal process can be complex, and the consequences of a conviction or refusal can be life-changing. At Willis Law Firm, we are committed to helping CDL drivers navigate this difficult time and fight for the best possible outcome.

We understand the unique challenges CDL drivers face and will work to protect your rights and your license. Whether you refused a roadside test or are dealing with the aftermath of a DUI arrest, we can provide the guidance and representation you need.

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Building a Strong Defense for CDL DUI Cases

Defending a CDL DUI case requires a thorough understanding of Georgia law and the specific circumstances of your arrest. At Willis Law Firm, we take a personalized approach to each case. We will review the evidence, assess the actions of law enforcement, and explore all possible defenses to fight the charges against you.

If you refused a roadside test, we will examine whether the request was lawful and whether proper procedures were followed. Any violations of your rights could be used to challenge the evidence against you. Our goal is to minimize the impact on your CDL and your career while working toward the best possible outcome.

What You Can Do to Protect Your Future

If you have been charged with a CDL DUI or refused a roadside test, it is important to act quickly. Time is critical in these cases, as you may have a limited window to challenge the suspension of your license. Contacting an experienced attorney can make a significant difference in the outcome of your case.

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At Willis Law Firm, we are here to guide you through this difficult time. We understand the worry and uncertainty you are feeling, and we are committed to helping you achieve a successful resolution. Whether it involves negotiating with prosecutors, challenging evidence, or advocating for you in court, we will work tirelessly to protect your rights and your future.

The risks of refusing a roadside test with a CDL in Georgia are significant and far-reaching. From the potential loss of your license to the impact on your career, the consequences can be devastating. However, you do not have to face this challenge alone.

At Willis Law Firm, we are dedicated to helping CDL drivers fight DUI charges and protect their livelihoods. If you are dealing with a CDL DUI case, contact us today to learn more about how we can help. Our compassionate and knowledgeable team is ready to stand by your side and fight for the best possible outcome.