Here are some of the questions that our attorneys are frequently asked about issues concerning Georgia commercial drivers licenses (CDLs):

Will one DUI conviction cause me to lose my Georgia CDL forever?

No.  Effective January 1st, 2008 Georgia has re-classified driving under the influence (DUI) as a "major traffic violation."  A conviction for any major traffic violation will cause a disqualification from driving a commercial vehicle or getting a CDL for a minimum period of one year.  Other aspects of the individual case could cause the disqualification to be longer.  In example:  A commercial driver arrested for DUI who refuses to take a breath test would face a one-year disqualification for refusing the the test.  This would start 30 days after his arrest.  Then, if he is later convicted of the DUI charge, another one-year disqualification would start at that time.  

What is the "legal limit" for an alcohol DUI while driving a commercial vehicle in Georgia?

The so-called "legal limit" for alcohol while driving a commercial vehicle in Georgia is .04.   However, you could still be charged with DUI below .04 if the officer forms the opinion that you are "less safe to drive" due to the alcohol.   Additionally, you can face other repercussions to include being ordered "out of service."

What are the offenses that Georgia has re-classified as "major traffic violations"?:

Under Georgia code section 40-5-142 the following offenses are now each designated as a "major traffic violation":  

• Driving under the influence (DUI) (Code section 40-6-391).
• Hit & run or leaving the scene of an accident (40-6-270); failure to report striking an unattended vehicle (40-6-271) or fixed object (40-6-272); failure to report an accident (40-6-273).
• Any felony in which a commercial vehicle is used.
• Driving a commercial vehicle with a revoked, suspended, canceled or disqualified commercial drivers license (CDL).
• Homicide by vehicle (40-6-393).
• Racing (40-6-186).
• Using a commercial vehicle to flee or elude (40-6-395).
• Fradulent or fictitious use of CDL or application for CDL.
• Operating a commercial vehicle with revoked, canceled or suspended registration (40-6-15).
• Theft of commercial vehicle hauling cargo (16-8-12).
• Refusing to submit to breath, blood our urine test pursuant to a DUI arrest (4-5-55).

If you are convicted of ONE major traffic violation, Georgia will disqualify you from getting a CDL for at least one year.  Two convictions of a major traffic violations (even if both are from the same incident!) will cause Georgia to disqualify you for LIFE from getting a CDL.

What offenses in Georgia are now designated as "serious traffic violations"?:

As of January 1, 2008, Georgia code section 40-5-142 defines each of the following offenses as a "serious traffic violation":

• Speeding 15 or more miles above the posted limit.
• Reckless driving.
• Following too closely.
• A moving violation arising in connection with a fatal crash.
• A railroad grade crossing violation.
• Driving a commercial vehicle without first obtaining a CDL. and/or not having the CDL in your immediate possession.  (See "major traffic violations" above if license is revoked, suspended or disqualified).
• Driving a commercial vehicle without a CDL of the proper class or endorsements.

If you are convicted of two serious traffic violations arising from separate incidents with in a three year period, you will be disqualified from driving a commercial vehicle for 60 days.  Three such convictions results in a disqualification for 120 days.

What are the penalties in Georgia for violating an out-of-service order?

Under Georgia law, a first violation of an out-of-service order causes a disqualification from driving a commercial vehicle of not less than 90 days and not more than one year.  A second violation causes a disqualification of one to five years.  And a third or subsequent violation causes a disqualification from driving a commercial vehicle of three to five years.

What is Georgia's "move over law"?:

In 2003 the Georgia legislature passed what has become known as the "move over law."  It requires that when you see an emergency vehicle on the side of the roadway with flashing blue, red or amber lights you must either move over to a lane not adjacent to the emergency vehicle or slow down below the speed limit and be prepared to stop.  This second part is very vague and has caused many drivers to earn a $500.00 ticket.