Can CDL Holders in Georgia Use Diversion Programs for DUI Charges?

If you are reading this, it likely means that you or someone you know is facing a DUI charge while holding a Commercial Driver’s License (CDL). We understand that this situation can feel overwhelming, confusing, and downright scary. Whether you were arrested after an incident on the road or after a traffic stop, the consequences of a DUI for someone with a CDL can be life-changing. At Willis Law Firm, we empathize with the stress and uncertainty you are experiencing right now. It is essential to understand what options you may have, especially when it comes to diversion programs, and how you can protect your career and future.

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Understanding the Impact of a DUI on a CDL Holder

Before delving into the specifics of diversion programs, it’s important to fully grasp how a DUI charge affects someone with a Commercial Driver’s License. Unlike regular drivers, those with a CDL are held to stricter standards when it comes to operating a commercial vehicle. In Georgia, a DUI conviction for a CDL holder can lead to serious penalties, including the suspension or even revocation of your CDL. This could result in the loss of your livelihood and career if you rely on driving for your job.

In most cases, a CDL holder will face more severe consequences than a non-commercial driver. Georgia law requires CDL holders to have a blood alcohol content (BAC) of less than 0.04 percent when driving a commercial vehicle, compared to the standard 0.08 percent for regular drivers. A DUI conviction could lead to a 12-month suspension of your commercial driving privileges, and in some cases, even longer. For a CDL holder, losing your license can mean losing your job, and that is why it’s critical to explore all possible avenues of defense.

What Is a Diversion Program and Does It Apply to CDL Holders?

Diversion programs are an option in many DUI cases, offering an opportunity for offenders to avoid certain legal penalties by fulfilling specific requirements, such as counseling, community service, or alcohol education programs. Typically, diversion programs allow an individual to complete the program and, upon successful completion, have the charges dismissed or reduced. This is appealing to many people who are trying to avoid a permanent criminal record or a long-term license suspension.

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However, for those holding a Commercial Driver’s License, the possibility of using a diversion program to resolve a DUI charge is more complicated. In Georgia, diversion programs are generally available for first-time DUI offenders, but there are restrictions that apply specifically to CDL holders. In most cases, diversion programs are typically unavailable to CDL drivers who were arrested for a DUI while operating a commercial vehicle. This is because a DUI conviction carries mandatory penalties, such as license suspension, regardless of the outcome of the case.

Moreover, the Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for CDL holders, and even if a Georgia court offers a diversion program for a DUI charge, the FMCSA may not recognize this as an acceptable alternative for keeping your CDL. This means that, even if you successfully complete a diversion program in Georgia, you may still face a suspension of your commercial driving privileges. For a CDL holder, this can be particularly devastating, as it may prevent you from earning a living.

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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.”

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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."

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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."

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Alternative Options for CDL Holders Facing DUI Charges

While diversion programs may not be an option for those holding a CDL in Georgia, that does not mean all hope is lost. There are other ways to approach a DUI charge and potentially minimize its impact on your career. It’s important to work with a qualified attorney who can evaluate your case and determine if there are any other options available to you.

One possibility is negotiating a plea deal. Depending on the circumstances of your case, your attorney may be able to negotiate with the prosecutor to reduce the charge to a lesser offense, such as reckless driving. This could allow you to avoid the long-term consequences of a DUI conviction and possibly retain your CDL.

Another option may be challenging the evidence presented by the prosecution. Your attorney may be able to show that the evidence against you was insufficient, improperly obtained, or inaccurate, leading to a dismissal of the charges or a reduction in penalties. This is a strategy that requires skilled legal representation, as challenging the evidence can be a complex process.

In some cases, it may also be possible to have your DUI case deferred. This means that the court could delay your case for a set period to allow you to complete certain conditions, such as attending an alcohol education program or meeting other legal requirements. If you successfully meet these conditions, the charges may be reduced or dismissed. However, as mentioned earlier, this option is not typically available for CDL holders, so it’s important to work with an attorney who understands the nuances of your case.

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The Importance of Having an Attorney for Your CDL DUI Case

Given the complexities involved in DUI cases for CDL holders, it is crucial to have a knowledgeable attorney by your side to guide you through the process. An experienced lawyer who understands both state and federal laws governing commercial drivers can provide you with valuable insight and representation, ensuring that your rights are protected and that you have the best possible chance of minimizing the impact of the charges against you.

Your attorney can evaluate the details of your case, review the evidence, and identify potential defenses. They will also be able to assess whether there are any opportunities for plea bargaining or other alternatives to a conviction. Furthermore, your lawyer can work with you to ensure that your CDL and career are protected as much as possible throughout the legal process.

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Protecting Your Career and Future

If you are a CDL holder facing a DUI charge, it’s important to act quickly and seek legal representation. The longer you wait to address the issue, the more likely it is that the charges will negatively affect your career. With the right legal support, you can explore all possible options to reduce the impact of the charges and potentially avoid the loss of your CDL.

At Willis Law Firm, we understand how important your CDL is to your livelihood. Our team is dedicated to helping clients navigate the complexities of DUI cases, and we will fight for the best possible outcome for you. If you are facing DUI charges as a CDL holder in Georgia, don’t wait to take action. Contact us today to schedule a consultation and learn more about how we can help you protect your career and future.

To learn more about this subject click here: The Role of a DUI Lawyer in Defending Against Felony Charges

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