Marietta Commercial DUI Offense Lawyer
The residents of Marietta, and throughout Georgia, rely on commercial drivers every day to transport the products they rely on. These drivers are regulated by many strict laws, including those that stipulate how much alcohol they can have in their system while behind the wheel. When a commercial driver is convicted of a DUI, it can have a very serious impact on not just their future freedom, but also their employment position. Below, our DUI lawyer explains common commercial DUI offenses, and the penalties you may face if you are convicted.
What is a Commercial DUI Offense?
The law prohibits drivers from operating a motor vehicle when they have a blood alcohol content (BAC) of 0.08 percent or greater. However, this law only applies to non-commercial drivers. People who have a commercial driver’s license, also known as a CDL, must not operate a commercial vehicle with a BAC of 0.04 percent or greater. When a commercial driver is operating a non-commercial vehicle, the law of 0.08 percent applies.
Penalties for DUI Offenses
There are a number of criminal penalties a person may face for a commercial DUI offense. These include:
- A fine between $300 and $1,000
- A minimum of 24 hours in jail and as many as 12 months in prison
- Up to 40 hours of community service
- Completion of a Drug Risk Reduction or DUI Alcohol Program
- Professional evaluation and treatment, if appropriate
- Probation of up to 12 months
Perhaps the most devastating penalty for commercial drivers convicted of a DUI is the driver’s license suspension. The law states that anyone convicted of a DUI is prohibited from driving a commercial vehicle for one year. This can significantly impact a commercial driver’s ability to work for at least one year.
Implied Consent and License Suspension
As with all other states, Georgia has an implied consent law. This law states that all drivers have given their implied consent to submit to chemical testing if they are accused of driving under the influence. Unlike field sobriety tests, which are not mandatory, the law does require you to submit to chemical tests. A chemical test can be a breath test, blood test, or urine test.
Drivers who refuse a chemical test can also have their driver’s license suspended for up to one year. This applies to commercial drivers as well, which could hinder their employment. If you are a commercial driver, it is critical that you request a hearing with the Georgia Department of Driver Services to appeal the decision. You only have 30 days to request this hearing.
Our DUI Lawyer in Marietta Can Help with Commercial DUI Offenses
If you are a commercial driver accused of driving under the influence, the potential penalties you face are some of the most serious. At the law firm of Andrew L. Schwartz, P.C., our Marietta DUI lawyer can help you avoid them so you can retain your freedom, and your position of employment. Call us now at (678) 853-2500 or connect with us online to schedule a free consultation.