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A commercial driver’s license represents a lot more than a permit to drive a truck on the Perimeter; for the thousands of truck drivers and delivery specialists who drive there on a daily basis, it is a hard-earned ticket to a middle-class life. Unfortunately, many of these groups have a mistaken belief that the strict regulations they have to follow for their CDL just don’t apply in their situations when they aren’t behind the wheel of a huge rig—with a clock on their shoulders. Many people think if they stopped for a nightcap in Sandy Springs or Smyrna on a Sunday night and drove home in their personal Honda Civic or Ford F-150, it won’t impact their personal driving record. In fact, Georgia law is tough. When you are arrested for DUI in your personal vehicle on I-285, it can have a ripple effect that leads to an immediate and devastating loss of your commercial livelihood.
The basis of this lies in the interaction of Georgia traffic laws and federal commercial driving laws. A CDL carries with it a higher standard of conduct and this applies to all times regardless of what you are driving. The Georgia Department of Driver Services must revoke a commercial driver’s license upon conviction of a DUI or when the administrative hearing is lost, if the driver was stopped on the I-285 bypass. At present law, a first offence for operating a commercial motor vehicle while intoxicated would trigger a one year loss of CDL. As it relates to a professional driver, one year may put the end to their career as many logistics companies and insurance providers will not hire someone who has had a major moving violation in the last year of their driving record.
The 30 days after an arrest only make for a more precarious situation. If an officer pulls you over on the Perimeter, he or she will likely give you a temporary driving permit. This permit will not eliminate the administrative suspension of your CDL, however. You will have only 30 days after your arrest to either request an administrative license hearing or, in a few instances, apply for an ignition interlock device permit. By the time this deadline is missed, your commercial privileges are automatically suspended, and frequently before you even get your first day in court. That’s why it’s crucial to obtain an Atlanta DUI Lawyer immediately, to avoid a blunder on the weekend from becoming a career disaster.
A defense tactic for a CDL case is much more complicated than a typical case, because there’s no room for error. A plea deal that may be regarded as a “win” for a normal driver, e.g., a lesser charge that still includes a license suspension, is a complete blow to a commercial professional. An elite DUI Attorney Atlanta understands that the purpose of the DUI defense is not to lessen the sentence, but to remove it entirely. This includes a careful examination of the first intersection off of I-285. Was there a good reason for the officer to stop you or did it seem to be a pretext stop? Did field sobriety testing occur properly on the rough and loud shoulder of a major highway? If there’s a flaw in the state’s evidence, it can be used to defend your commercial position.
For much of his career, Attorney James Yeargan represents the men and women who make Atlanta’s economy run. He knows the unique challenges that commercial drivers encounter and how devastating it can be for a family when a commercial driver loses a commercial driver’s license. An experienced Atlanta DUI Attorney will not only consider the specific details of the arrest, they will take the time to review the procedural history to be sure that all motions to dismiss the evidence are filed and all administrative deadlines are adhered to. If your career is at stake you cannot afford to deal with a GP who simply does not have an understanding of the specific aspects of commercial disqualification.
If you have just been arrested for a drug offense on I-285 or any other location in the Metro area, and are a CDL holder, you need to know that the State has begun their process of stripping you of your job. The defense must be tough and business-like as you are in your everyday job. With a leading DUI Attorney Atlanta, such as James Yeargan, you will have an expert on your side who knows how to battle the prosecution and the Department of Driver Services at the same time. Don’t kill your career in a single night! Don’t let a case go wrong—get expert legal advice now and safeguard your future.
