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DUIs Present Special Problems for CDL Drivers

Perhaps appropriately so, a DUI arrest or conviction presents special problems for a commercial (CDL) driver.  That is true whether the offense is alleged to have occurred in a commercial motor vehicle (CMV) or not.

The legal limit for alcohol in the breath or blood of a driver of a CMV is lower than for a driver of a personal vehicle.  A blood or breath alcohol level of 0.04 grams-percent or more.  As few as two normal beers can raise the alcohol level to 0.04 grams-percent or more. As well, that low a level can me implicated in morning after.  A person who consumes eight or more beers through midnight could still have a 0.04 grams-percent level the next morning.

A CDL driver of a CMV can face withdrawal of their CDL for at least a year if they refuse testing. 

A CDL driver, whether in a CMV or a personal vehicle, will face withdrawal of at least a year if they plead to or are convicted of the DUI charge.

Even if a lawyer is able to negotiate a reduction to reckless driving, that disposition is a black mark against the driver's record and can effect insurability and employability of the driver.

If you are a CDL driver or were driving a CMV and are charged with a DUI in Georgia, it is very important that you seek advice from a qualified and experienced DUI defense lawyer.

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

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