DUI on a commercial drivers license | Atlanta DUI lawyer
O.C.G.A. § 40-6-391(i) provides:
A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in a addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the “Uniform Commercial Driver's License Act,” shall be fined as provided in subsection (c) of this Code section.
See O.C.G.A. §§ 40-5-140 to 40-5-159 for provisions applicable to commercial driver's licenses. Act 44, House Bill 419, effective January 1, 2008, made numerous amendments to the applicable O.C.G.A. sections dealing with persons who possess commercial driver's licenses. These changes can be found at www.dds.ga.gov.
Practice Commentary
Many attorneys are unfamiliar with the impact that a DUI arrest or conviction can have on a person who uses a commercial driver's license. The issuance of the DDS Form 1205 (for ALS suspension) on either a refusal or a "per se" offense effectively "suspends" the CDL driving privileges. Until the FULL plastic commercial license is reinstated, a commercial driver cannot LEGALLY operate a commercial vehicle. Furthermore, a "work permit" (limited operating permit issued after a nolo contendere or guilty plea to DUI) is not a proper license for driving a commercial motor vehicle. Additionally, some other serious driving offenses (such as reckless driving or hit and run) can cost the commercial driver his or her right to operate a big rig.
A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in a addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the “Uniform Commercial Driver's License Act,” shall be fined as provided in subsection (c) of this Code section.
See O.C.G.A. §§ 40-5-140 to 40-5-159 for provisions applicable to commercial driver's licenses. Act 44, House Bill 419, effective January 1, 2008, made numerous amendments to the applicable O.C.G.A. sections dealing with persons who possess commercial driver's licenses. These changes can be found at www.dds.ga.gov.
Practice Commentary
Many attorneys are unfamiliar with the impact that a DUI arrest or conviction can have on a person who uses a commercial driver's license. The issuance of the DDS Form 1205 (for ALS suspension) on either a refusal or a "per se" offense effectively "suspends" the CDL driving privileges. Until the FULL plastic commercial license is reinstated, a commercial driver cannot LEGALLY operate a commercial vehicle. Furthermore, a "work permit" (limited operating permit issued after a nolo contendere or guilty plea to DUI) is not a proper license for driving a commercial motor vehicle. Additionally, some other serious driving offenses (such as reckless driving or hit and run) can cost the commercial driver his or her right to operate a big rig.
Comments
Post a Comment