Facing a DUI charge in Georgia can be a serious challenge, especially for those who rely on their Commercial Driver’s License (CDL) for their livelihood. The loss of a CDL can have a significant impact on one’s ability to work and provide for their family. Fortunately, there are steps that individuals can take to reinstate their CDL after a DUI conviction. This process is not easy, but with the right information and guidance, it is possible to regain driving privileges and continue pursuing a career in commercial driving.
Understanding the DUI Penalties for CDL Holders in Georgia
In Georgia, the penalties for a DUI conviction can be more severe for commercial drivers compared to regular drivers. If a CDL holder is arrested for DUI, they face both criminal penalties and administrative penalties from the Georgia Department of Driver Services (DDS). For a first offense, a commercial driver may face a one-year suspension of their CDL. A second DUI offense within five years results in a lifetime disqualification from holding a CDL. This strict policy underscores the importance of taking immediate action to resolve any DUI-related issues.
The penalties for DUI are particularly harsh for commercial drivers because of the responsibility that comes with operating large commercial vehicles. A DUI conviction not only affects an individual’s personal driving record but also has the potential to end their career in the trucking industry. With a DUI on your record, finding employment as a commercial driver becomes much more difficult. However, even with these serious consequences, reinstating your CDL is still possible if you follow the correct procedures.
The Immediate Steps to Take After a DUI Arrest in Georgia
The first step after a DUI arrest in Georgia is to understand the situation fully and begin planning for your next steps. This begins with an immediate consultation with a lawyer to discuss your case and explore the potential for minimizing the impact of the DUI on your CDL. A lawyer will help you understand the charges, the evidence against you, and how best to approach the situation.
It is important to act quickly because there are deadlines that must be met in Georgia’s legal system. After being arrested for a DUI, you have just 30 days to request an administrative hearing to contest the suspension of your CDL. Failing to do so will automatically result in the suspension of your CDL for a set period. During this time, your attorney will work to prepare your case, gather evidence, and seek ways to either reduce the severity of the penalties or even prevent the suspension altogether.
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
Completing Required DUI Programs and Classes
If you are convicted of DUI, whether through a plea deal or trial, the next step in the process is to complete certain programs or classes as part of your reinstatement process. These programs are required by Georgia law as part of the process to restore your CDL. One of the primary requirements for reinstating a CDL is the completion of a DUI Risk Reduction Program. This program is designed to help individuals understand the dangers of driving under the influence and take responsibility for their actions. The program typically consists of 20 hours of coursework, followed by a 6-hour group counseling session.
Once the program is completed, you will receive a certificate of completion. This certificate is a critical piece of the puzzle for reinstating your CDL. In addition to the DUI Risk Reduction Program, you may also be required to complete any other court-ordered programs, such as community service or alcohol treatment programs, depending on the specifics of your case.
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
Paying the Fines and Fees
Another essential step in reinstating your CDL after a DUI conviction in Georgia is paying any fines or fees that may have been imposed as part of your sentence. This can include court fees, fines related to your DUI conviction, and any fees related to the reinstatement of your CDL. These payments must be made before your CDL can be reinstated.
The amount of the fines will vary based on the details of your case, such as whether it was your first or second offense. You will also need to demonstrate to the Georgia DDS that you have satisfied all financial obligations related to your conviction. In some cases, it may be possible to negotiate payment plans or reduced fines with the court.
Installing an Ignition Interlock Device
In some cases, a court may require that you install an ignition interlock device (IID) in your vehicle as a condition of your CDL reinstatement. An IID is a breathalyzer-like device that prevents a vehicle from starting if the driver has alcohol in their system. For a CDL holder, the requirement to install an IID is usually triggered by a DUI conviction with a blood alcohol concentration (BAC) of 0.08% or higher. However, the requirement to install an IID will depend on the specifics of your case and the discretion of the court.
Related Videos
Choosing a Georgia DUI Attorney
Defenses and Strategies to Defend a DUI Charge
The installation of the IID is typically a temporary measure, but it can last for several months. The device must be monitored regularly, and drivers must pay for both the installation and ongoing maintenance of the device. Although the installation of an IID can be an inconvenience, it is often required as part of the process to regain your CDL.
Submitting Your CDL Reinstatement Application
Once you have met all the requirements for your DUI conviction, you can submit an application to have your CDL reinstated. This application must be submitted to the Georgia Department of Driver Services, along with any required documentation, including proof of completed DUI programs, payment of fines, and certification of ignition interlock device installation (if applicable).
When submitting your application, you must also provide proof of financial responsibility, usually in the form of auto insurance or an SR-22 form. The SR-22 is a certificate that proves you have the minimum required auto insurance coverage and is often required for individuals with a DUI conviction. Once your application is processed, you will receive a notification from the DDS regarding the status of your CDL reinstatement.
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
The Waiting Period and Approval Process
After submitting your reinstatement application, there may be a waiting period before your CDL is fully reinstated. The DDS will review your application and all supporting documents to ensure that you have met all requirements. During this time, it is essential to remain in compliance with any other terms of your probation or sentence. Failure to comply with these terms could delay or even prevent your CDL reinstatement.
Once your application is approved, the DDS will notify you that your CDL has been reinstated. Depending on the severity of your conviction and the circumstances of your case, there may still be restrictions on your CDL, such as driving only during certain hours or within a specific geographic area. These restrictions are typically temporary and will be lifted once you have completed all terms of your sentence and probation.
Reinstating your CDL after a DUI conviction in Georgia can be a long and challenging process. However, by following the steps outlined above and working with the right legal professionals, it is possible to regain your CDL and return to your career as a commercial driver. The most important thing to remember is that time is of the essence. Acting quickly and responsibly will give you the best chance of successfully reinstating your CDL. If you need guidance or assistance during this process, Willis Law Firm is here to help you navigate the complexities of DUI reinstatement and ensure that you have the support you need.