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Georgia DUI with a Commercial Driver’s License (CDL)

If you are a driver with a CDL, you are treated differently by the law where the DUI laws are concerned. Under Georgia law, CDL holders can be charged with a DUI if, in the course of operating a commercial vehicle, are found to have a 0.04 blood alcohol concentration (BAC). This can be seen in the Implied Consent Warning for CDL drivers:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

This 0.04 limit is significantly lower than the 0.08 limit that applies to non-CDL permit holders. Furthermore, refusing to submit to the test may result in a disqualification of your CDL privileges.

These disqualifications are often triggered by routine traffic-related offenses, and in many cases—occur while you are not even driving a commercial vehicle at the time you are cited or arrested. Under Georgia law, you will face losing your CDL for one year on a first-time DUI offense, and a lifetime ban of your CDL for a second DUI.

Why You Need A Georgia DUI Lawyer If You Are A CDL Driver Charged With DUI


If you rely on your CDL privileges for your livelihood, you cannot afford to handle your case alone or wait to contact an attorney. I understand the complexities of Georgia DUI law and know how to look at the individual case circumstances to build the strongest possible defense. Call me today for a free consultation for the experienced support you need for your case. 

URGENT: If you have been arrested for DUI in Georgia, you have only 30 days to appeal the administrative suspension of your driver’s license or to install an ignition interlock device on your vehicle. If you fail to act, your license will be suspended. Do not wait until your license is suspended. Know your options. Get in touch today.



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Writer

Kevin Fisher


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