If you are facing a CDL DUI charge in Georgia, you might be feeling overwhelmed and unsure of what steps to take. We understand the confusion and worry that can come with this type of situation. Being a commercial driver means you depend on your license to make a living, and the possibility of losing it can be devastating. At times like these, having the right attorney by your side can make all the difference. The good news is that an attorney can help you navigate the complexities of the legal system and work towards reducing the penalties you may face.
Understanding CDL DUI Charges in Georgia
In Georgia, a Commercial Driver’s License (CDL) is essential for many individuals working in various industries. However, with the responsibilities that come with holding a CDL, the state enforces stricter regulations when it comes to DUI offenses. The legal blood alcohol concentration (BAC) limit for commercial drivers is much lower than it is for regular drivers. While the standard BAC for non-commercial drivers is 0.08 percent, for those holding a CDL, the limit is just 0.04 percent. This means that even a small amount of alcohol in your system could lead to a DUI charge.
Facing a CDL DUI charge in Georgia is not just about a fine or a temporary suspension. The consequences can include job loss, difficulty finding future employment, and permanent damage to your professional reputation. If you’re in this situation, you likely have a lot of questions about what your options are. The good news is that an attorney who understands the nuances of Georgia DUI laws can be your guide to a successful outcome.
How an Attorney Can Help in Your Case
One of the first things an experienced attorney can do is assess the details of your case. The legal process for a CDL DUI is different from that of a regular DUI, and there are various factors that could influence the penalties you face. By reviewing the evidence, an attorney can look for any weaknesses in the prosecution’s case. This could include questioning the reliability of field sobriety tests, challenging the accuracy of the breathalyzer results, or identifying any procedural mistakes made by law enforcement officers during your arrest. By identifying these issues, your attorney can build a strong defense to help reduce the charges or even have them dismissed.
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
If a defense strategy is not viable, an attorney can still help you reduce the penalties you may face. In many cases, the penalties for a CDL DUI charge can be severe, including fines, license suspension, and even imprisonment. However, a skilled lawyer can negotiate with the prosecution to reach a plea agreement or alternative sentencing options. This could result in a
reduced sentence, such as a shorter license suspension, a fine reduction, or enrollment in alcohol education or treatment programs. The goal is to minimize the impact of the charge on your life and career.
The Role of Plea Bargaining
Plea bargaining is an important part of many DUI cases, including those involving CDL drivers. A plea bargain allows an individual to plead guilty to a lesser charge in exchange for a more lenient sentence. In CDL DUI cases, plea bargaining may involve negotiating for a reduction in charges from a DUI to a less serious offense such as reckless driving or a non-alcohol-related offense. This can result in significantly reduced penalties, such as a shorter suspension period and a smaller fine.
Your attorney can help you understand the benefits and risks of entering into a plea bargain. In some cases, pleading guilty to a lesser charge may be the best option to avoid the harsher consequences of a DUI conviction. However, each case is unique, and your lawyer will provide personalized advice on whether a plea bargain is in your best interest.
Challenges to License Suspension and Revocation
One of the most serious consequences of a CDL DUI charge is the potential for license suspension or revocation. Losing your CDL can have a devastating effect on your livelihood, as many drivers rely on their commercial license for employment. Fortunately, Georgia law allows for some opportunities to challenge a license suspension or revocation.
An attorney can request a hearing with the Georgia Department of Driver Services (DDS) to contest the suspension. This hearing is an opportunity to present evidence that might convince the DDS to reduce or eliminate the suspension period. For instance, your attorney could argue that there were irregularities in the breath test administration or that the officer did not have probable cause for the arrest. Additionally, if this is your first offense, your lawyer may be able to negotiate a limited license that allows you to continue working while your case is pending.
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Defending Your CDL and Career
For many CDL holders, the prospect of losing their commercial license is their greatest concern. A DUI conviction can make it difficult to find another job in the same field, and in some cases, it can end a career. This is where an attorney’s assistance becomes invaluable.
An attorney can argue on your behalf to protect your license and your ability to work. In certain situations, your lawyer may be able to convince the court to impose a probationary sentence or place you in an alcohol education program rather than a long-term suspension. Your attorney
may also be able to show that you have learned from the incident and that you are taking steps to address any alcohol-related issues, which can strengthen your case for a reduced penalty.
Additionally, your attorney will understand the long-term consequences of a CDL DUI charge and will work to ensure that you are not unfairly penalized. This may include fighting to keep the DUI off your permanent record, if possible, which could help preserve your future employment prospects.
Featured Case Results
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 Suspension
Moving Forward After a CDL DUI Charge
Facing a CDL DUI charge in Georgia can be intimidating, but you don’t have to go through it alone. With the right legal representation, you can have the best chance at a positive outcome. Whether that means challenging the charges, reducing penalties, or finding alternative sentencing options, an attorney will be there to guide you every step of the way.
At Willis Law Firm, we understand the serious nature of CDL DUI cases and the impact they can have on your life and career. Our team is dedicated to helping individuals facing these charges secure the best possible outcome. If you are facing a CDL DUI charge, don’t wait. Contact us today for a consultation and find out how we can help you reduce the penalties and protect your livelihood.