CDL Lawyers: In GA, What Is the CDL Alcohol Limit?

By: Bubba Head, Experienced Atlanta CDL Attorney

What Is the CDL Alcohol Limit in Georgia?

Under Georgia DUI laws, the legal BAC limit for CDL drivers in Georgia is 0.04 grams percent.

This legal alcohol limit is stricter than for non-commercial drivers because commercial motor vehicles (CMVs) pose a much greater risk to public safety due to their size, weight, and potential cargo.

A crash involving an 80,000-pound truck is far more dangerous than a standard car, which is why federal law, enforced by the Federal Motor Carrier Safety Association (FMCSA), requires all states to impose this lower blood alcohol limit threshold for Commercial Drivers License (CDL) holders.

In fact, FMCSA regulations dictate that having ANY trace of alcohol on your breath leads to an immediate out-of-service order for 24 hours. This means that you cannot operate that big rig, bus, or other CMV for an entire day, even if you’re not yet criminally charged.

Additionally, all states have laws governing drivers of commercial vehicles and such laws also dictate permissible legal alcohol limits for CDL holders.

In Georgia, this means a lower BAC threshold to be charged with a DUI, as the legal limit for CMV drivers is 0.04 percent as compared to non-commercial drivers over 21, who can drive with an alcohol limit of up to 0.08 percent.

Use the following BAC calculator to estimate your blood alcohol level before getting behind the wheel of a Commercial Motor Vehicle.

CDL Disqualification and the Georgia Implied Consent Warning for CMV Drivers

In Georgia, all drivers suspected of driving under the influence are read the Implied Consent Warning, immediately following their arrest. This warning, under the Georgia Implied Consent Law, states that all motor vehicle operators (including CDL drivers) consent to have a BAC reading if suspected of a DUI while driving on a public road. If you refuse, your license will be suspended.

There are three Implied Consent warnings in Georgia, and the one for CDL holders (pictured above, on the brown card) states that, if you refuse this BAC test, your CDL will be suspended for one year.

Here is the exact wording from Georgia’s implied consent statute as it relates to CDL holders:

“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”

What If I’m a CDL Holder and Get a DUI in my Personal Vehicle?

Even if driving a personal vehicle (and not the commercial rig), DUI can still affect your CDL in addition to your personal Georgia driver’s license.

Consequences for your personal Georgia driver’s license (DDS). If you’re driving a personal vehicle (not the CMV) and you hold a CDL and get a DUI, this stricter BAC legal limit may not apply. At that point, the legal limit is defined by that state’s DUI laws.

So, in Georgia, if you’re under 21 and your BAC is a 0.02% or higher, you can get charged with DUI. If you’re an adult driver 21 and over and have a BAC reading of 0.08 percent or above, you can get charged with driving under the influence.

If convicted of a first DUI offense, the Georgia Department of Driver Services will suspend your personal driver’s license for 120 days.

Getting a 2nd DUI within five years will cause your license to be suspended for 18 months.

A third DUI, and you are declared a habitual violator and your personal license will be revoked for five years.

CDL-specific license disqualification under Georgia Code § 40-5-151. CDL drivers convicted of a first DUI, even in a personal vehicle, face a mandatory 1-year disqualification of their commercial license. This is a federal compliance requirement, enforced at the state level.

If you transport hazardous materials, this disqualification extends to three years.

A second DUI conviction, even if it’s in your personal vehicle, results in a lifetime disqualification of your CDL.

As you can see, losing your CDL is easier than you may have once thought due to the stricter CDL legal alcohol limit.

This explains the need for carefully selecting your CDL lawyer near me (based upon a lengthy track record of successes) is so crucial, especially in any type of car accidents with a CMV.

Why CDL DUI Cases Require a Specialized Truck Driver Lawyer

Lawyers that represent truck drivers must know much more than Georgia DUI laws. The special federal DOT guidelines for commercial motor vehicle (CMV) operators add multiple, stringent rules controlling operators of semi-trucks, buses, and any other large truck or passenger vans covered by the Federal Motor Carrier Safety Act.

So, lawyers for truck drivers near me need vast prior experience as trucking lawyers. A CDL attorney for truck drivers needs to be fully apprised on state and federal rules and guidelines for everything from speeding tickets to felony vehicular homicide GA cases, after a truck accident.

Our three CDL lawyers in Georgia can competently act as truckers’ lawyers, based on a collective handling of thousands of traffic citation cases including many hundreds as the truck driver lawyer for truckers nationwide.

Our vast network of highly experienced commercial truck driver lawyers across the United States lets us quickly and efficiently connect a client in any state with lawyers for trucker’s rights.

Get Help from Experienced CDL DUI Lawyers in Georgia

If you’re worried about a CDL disqualification due to DUI, call our DUI defense attorneys NOW, 24-7, for your FREE initial truck accident case evaluation and FREE legal advice: 404-567-5515.

Retaining a truck driver lawyer near me is essential, since a skilled CDL traffic attorney often has learned special “workarounds” that inexperienced commercial trucking attorneys may not know.

Our legal professionals have accident reconstruction experts to give a rapid response to all tractor trailer accidents (truck crash) cases.

The best way to handle any DUI charge is to hire a truck driver attorney with experience in defending CDL DUIs.

Limit your search to DUI lawyers who have legitimate lawyer ratings and a history of proven results on knowing how to beat a DUI.

Our law firm has the qualified, experienced trucking defense attorneys for you, so be sure to ask us about our attorney payment plans. Our goal is to keep you behind the wheel, to avoid lost wages from being sidelined by a pending ticket.

If you have a chance (before calling) obtain your prior driving record for any other traffic tickets.

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