If you’ve been arrested for a CDL DUI in Georgia, you are likely feeling overwhelmed and unsure of what comes next. A DUI charge, especially when it involves a commercial driver’s license (CDL), is a serious offense with severe consequences. As a commercial driver, your livelihood depends on maintaining a clean driving record and a valid CDL. If you don’t take immediate action, this charge could cost you not only your job but also your career. That’s why it’s critical to know exactly what to do in the first 24 hours after your arrest.
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At Willis Law Firm, we understand how damaging a DUI conviction can be for commercial drivers. Our team of experienced attorneys is here to guide you through the legal process and fight to protect your rights. Don’t wait to take action—here’s what you need to do in the critical first 24 hours after your CDL DUI arrest in Georgia.
Step 1: Understand the Seriousness of a CDL DUI in Georgia
The first thing to realize is the severity of a CDL DUI charge. Unlike a regular DUI, a commercial DUI carries additional penalties. Georgia law mandates that commercial drivers must have a blood alcohol content (BAC) of 0.04% or less when operating a commercial vehicle. If you are arrested with a BAC higher than that—or if you refuse a breath test—you face consequences that go beyond just losing your CDL.
For a first offense, your CDL can be suspended for a year. However, if you have prior DUI offenses or other aggravating factors, the suspension period can be even longer. More importantly, a conviction can affect your ability to work as a commercial driver, which can have a lasting impact on your career.
Step 2: Contact a CDL DUI Attorney Immediately
Once you’ve been arrested, time is of the essence. You need to contact an experienced DUI defense attorney right away. A lawyer who specializes in CDL DUI cases will understand the unique laws governing commercial drivers in Georgia and how to navigate the legal complexities of your case.
Willis Law Firm has years of experience defending CDL DUI charges. Our attorneys know the best strategies to minimize the impact of a DUI arrest on your commercial driving career. We’ll help you understand your rights and explore potential defenses to fight the charges.
Greg Willis has been successful at defending DUI cases (over 93.1% 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
Step 3: Request an Administrative Hearing
In Georgia, the Department of Driver Services (DDS) is responsible for handling the suspension of your CDL after a DUI arrest. However, you have the right to challenge the suspension. To do so, you must request a hearing within 10 days of your arrest. This is crucial because, if you miss the deadline, your license will automatically be suspended, and you will lose your chance to contest the suspension.
When you contact your attorney, make sure they are aware of the time-sensitive nature of this hearing. Your lawyer can help you gather the necessary documents and request the hearing with the DDS. Having an attorney represent you at the hearing can increase your chances of a favorable outcome.
Step 4: Review the Evidence Against You
Once you’ve hired an attorney, it’s time to assess the evidence against you. Your attorney will request the police report, any video or audio recordings of the arrest, and the results of field sobriety tests or breathalyzer tests. This evidence can be crucial in building your defense strategy.
In some cases, your attorney may find errors or inconsistencies in how the sobriety tests were administered, or they may challenge the accuracy of the breathalyzer test results. If there are weaknesses in the prosecution’s case, your attorney may be able to get the charges reduced or dismissed altogether.
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
Step 5: Begin Preparing Your Defense Strategy
There are a variety of potential defenses for a CDL DUI case. Some of the most common defenses include:
- Improperly Administered Field Sobriety Tests: If the police officer did not administer the field sobriety tests properly, it could weaken the case against you.
- Inaccurate Breathalyzer or Blood Test Results: Breathalyzer tests can be inaccurate, especially if the device was not calibrated correctly or if the test was not administered properly.
- Mistakes in the Arrest Process: Your attorney may argue that the officer violated your rights during the arrest, such as failing to read you your Miranda rights or pulling you over without reasonable suspicion.
Working with a skilled attorney is the best way to ensure that your defense is strong and that all potential avenues for challenging the charges are explored.
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Step 6: Do Not Drive Until Your CDL is Reinstated
It’s crucial that you follow the rules set forth during your suspension period. Even if you’re waiting for your hearing or dealing with an ongoing case, it’s illegal to drive a commercial vehicle during your suspension. If you’re caught driving during this period, you could face additional charges that would make it even more difficult to retain your CDL.
Step 7: Prepare for Possible Penalties
If you are convicted of a CDL DUI in Georgia, you may face penalties such as:
- A one-year suspension of your CDL for a first offense
- The potential loss of your commercial driving job
- Increased insurance premiums
- Ineligibility for a restricted license
Your attorney will work with you to minimize these penalties and, if possible, negotiate a plea deal or reduction in charges.
Step 8: Consider Alcohol Education or Rehabilitation Programs
Some CDL DUI offenders in Georgia may be eligible for an alcohol education or rehabilitation program as part of a plea deal or sentencing. Completing one of these programs can demonstrate to the court that you are taking responsibility for your actions and are committed to addressing any underlying issues with alcohol. It could also potentially reduce the length of your suspension or lead to a more favorable outcome in your case.
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
What Happens After the First 24 Hours?
After the initial 24 hours, your attorney will continue to work on your case by negotiating with prosecutors, filing legal motions, and preparing your defense for trial. If you are facing a CDL DUI charge, the sooner you take action, the better your chances of protecting your career and future.
At Willis Law Firm, we are committed to fighting for the rights of commercial drivers who have been arrested for DUI in Georgia. Our attorneys will help you navigate the complex legal process, build a strong defense, and work towards minimizing the impact of this charge on your career.
If you’ve been charged with a CDL DUI in Georgia, don’t wait to act. Contact Willis Law Firm today to schedule a free consultation. Our experienced attorneys are here to guide you through this difficult time and fight for the best possible outcome.