If you possess a Commercial Driver’s License (CDL) and drive a commercial vehicle in the State of Georgia, and are convicted of Driving Under the Influence (DUI), you are subject to disqualification under the Uniform Commercial Driver’s License Act.
To be convicted of Driving Under the Influence while driving a commercial vehicle, the State must prove that you were driving or in actual physical control of a moving commercial motor vehicle, with a blood alcohol concentration of 0.04% or more.
If you submit to blood, breath, or urine testing and your BAC is found to be 0.04% or more, in addition to the criminal penalties you face if convicted, you are also subject to an administrative suspension of your driver’s privileges (which usually occurs before your criminal case is concluded). You have 10 business days to file a response to any petition filed against you requesting that your license be administratively suspended.
If you do not request a hearing on this matter within 10 days, your license will be automatically suspended, even if you ultimately take your case to trial and win.
If you refuse to take any tests to indicate your BAC, and do not request an administrative hearing within 10 days, or lose your administrative hearing, your license will be suspended for one (1) year, and you will not be eligible for any temporary or hardship driving permits.
For this reason and much more, it is imperative that you have a professional and experienced Canton DUI attorney throughout this process.