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Atlanta Commercial DUI Lawyer

Arrested for a DUI While Operating a Commercial Vehicle?

If you are a commercial driver facing DUI charges in Atlanta, GA, the stakes are incredibly high. A commercial DUI conviction can result in the suspension of your commercial driver’s license (CDL), significant fines, and even the loss of your livelihood. At Weintraub & Alper Legal, we understand the gravity of your situation and are here to fight for your rights. Our experienced Atlanta commercial DUI attorneys have successfully defended commercial drivers against DUI charges, helping them preserve their careers and futures.

Contact us today at (404) 907-1536 for an initial consultation

What is a Commercial Driver’s License (CDL)?

A commercial driver’s license (CDL) is a special type of license required to operate large, heavy, or hazardous-materials vehicles. CDL holders are held to higher safety and legal standards compared to regular drivers due to the potential dangers associated with operating commercial vehicles. In Georgia, a CDL is required for drivers operating:

  • Tractor-trailers and semi-trucks
  • Buses and passenger transport vehicles
  • Tanker trucks
  • Hazardous material transport vehicles
  • Any vehicle weighing over 26,001 pounds

Because commercial drivers operate under stricter regulations, a DUI charge can have more severe consequences than those for non-commercial drivers.

BAC Limit for CDL Holders in Georgia

Georgia has strict laws governing blood alcohol concentration (BAC) limits for commercial drivers. While non-commercial drivers are subject to a legal BAC limit of 0.08%, CDL holders are held to a much stricter standard.

The legal BAC limit for commercial drivers in Georgia is 0.04%.

If a CDL holder is found to have a BAC at or above this limit while operating a commercial vehicle, they can be charged with a commercial DUI.

Even if a commercial driver is off-duty and operating a personal vehicle, a DUI conviction can still impact their CDL status.

This lower BAC threshold means that even minimal alcohol consumption can lead to DUI charges, making it crucial for CDL holders to seek experienced legal representation immediately.

DUI Penalties for Commercial Drivers

The penalties for a commercial DUI in Georgia are severe and can impact your ability to work and earn a living. If convicted, CDL holders may face:

First Offense:

  • License suspension: A minimum one-year disqualification of your CDL, even if you were driving a personal vehicle.
  • Fines: Potential fines ranging from $300 to $1,000.
  • Jail time: A possible sentence of 10 days to 12 months in jail.
  • Probation: Up to 12 months.
  • Alcohol and drug education programs: Required completion of DUI school or substance abuse treatment.

Second Offense:

  • Lifetime CDL disqualification: A second DUI conviction means permanent revocation of your CDL, making it nearly impossible to continue your career as a commercial driver.
  • Harsher fines and jail sentences: Increased penalties, including longer jail time and higher fines.
  • Installation of an Ignition Interlock Device (IID): If granted limited driving privileges for a personal vehicle, you may be required to install an IID.

A commercial DUI conviction can have devastating effects on your career, reputation, and financial stability. Fighting these charges aggressively is critical to protecting your livelihood.

Defenses Against a Commercial DUI Charge

At Weintraub & Alper Legal, our skilled Atlanta commercial DUI attorneys use a variety of legal strategies to defend commercial drivers against DUI charges. Potential defenses include:

  • Improper traffic stop: If law enforcement did not have reasonable suspicion to pull you over, your case could be dismissed.
  • Faulty breathalyzer or testing procedures: Errors in BAC testing, improper calibration of breathalyzer machines, or improper handling of blood samples could lead to reduced or dismissed charges.
  • Violation of rights: If your constitutional rights were violated during your arrest, key evidence could be suppressed.
  • Medical conditions or other factors: Certain medical conditions or diets can result in false BAC readings.

We thoroughly investigate the circumstances of your case to identify the best possible defense strategy to fight your charges.

Why Choose Weintraub & Alper Legal?

If you are a commercial driver facing DUI charges, you need a law firm with experience, dedication, and a deep understanding of Georgia DUI laws. Here’s why Weintraub & Alper Legal is the right choice for your defense:

  • Extensive Experience: Our attorneys have successfully defended numerous CDL holders against DUI charges.
  • Aggressive Defense: We challenge every aspect of the prosecution’s case to seek a reduction or dismissal of charges.
  • Personalized Legal Strategies: Every case is unique, and we develop tailored defense plans to achieve the best outcome for you.
  • Proven Track Record: We have helped commercial drivers retain their licenses and continue their careers.

Call (404) 907-1536 or contact us online today to let us protect your rights and career.

Why Choose Our Firm?

We Have the Desire to Fight

  • Howard J. Weintraub and Benjamin B. Alper have a 10.0 Superb Rating by Avvo
  • Howard J. Weintraub Has Received Commendations From the FBI, IRS, & U.S. Attorney General
  • Our Firm Has Over 55 Years of Combined Legal Experience
  • Howard J. Weintraub is an Experienced Former Federal Prosecutor

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