Commercial drivers in Georgia are held to a much higher standard than everyday motorists when it comes to impaired driving. The legal blood alcohol limit for CDL holders is significantly lower, and the penalties for a violation are far more severe. These stricter rules exist because of the serious danger that large commercial vehicles pose on the road.
If you were injured in a crash caused by an impaired commercial driver, learning about these regulations is important. The fact that a truck driver was operating under the influence can play a powerful role in your personal injury case. Continue reading to learn more.
Why Are BAC Limits Lower for Commercial Drivers in Georgia?
Per O.C.G.A. § 40-6-391, the legal BAC limit for standard drivers in Georgia is 0.08%. For drivers operating a commercial motor vehicle, Georgia generally sets the DUI blood alcohol concentration (BAC) threshold at 0.04%. The reasoning behind this disparity is simple. Commercial trucks are considerably larger and heavier than passenger vehicles. When something goes wrong at highway speeds, the resulting injuries are often catastrophic.
Georgia law reflects that reality by holding CDL holders to a tighter standard. A commercial driver may face a DUI charge at a BAC level below the 0.08% limit that generally applies to other adult drivers. However, any driver may face DUI charges at a lower BAC if other evidence establishes impairment. This lower limit is designed to reduce the risk of impaired driving accidents involving vehicles that can cause the most harm.
What Penalties Does a CDL Holder Face After a DUI?
The consequences for a commercial driver convicted of DUI in Georgia are severe and escalate quickly.
- First offense: A qualifying DUI conviction generally results in a one-year CDL disqualification. The period increases to three years if the offense occurs while transporting hazardous materials that require placarding.
- Second qualifying offense: A second qualifying major offense generally results in lifetime CDL disqualification. Limited reinstatement may be available under applicable rules.
- Refusing a chemical test: Refusing a legally required alcohol or drug test can lead to CDL disqualification, even without a DUI conviction. A first qualifying refusal generally carries a one-year disqualification.
- DUI in a personal vehicle: A qualifying DUI conviction while driving a personal vehicle can also lead to CDL disqualification. The lower 0.04% commercial-vehicle BAC threshold does not automatically apply when the driver is operating a regular passenger car.
CDL holders are also unable to obtain a limited driving permit for commercial vehicle operation during the disqualification period. Losing commercial driving privileges can prevent a truck driver from working in jobs that require a CDL. The length of that restriction depends on the violation and the driver’s record.
How Does a Truck Driver’s DUI Strengthen Your Injury Claim?
If a commercial driver caused your accident while under the influence of alcohol, that fact can significantly strengthen your personal injury case. A truck driver’s violation of Georgia’s DUI law may support a negligence per se claim.
However, you must still show that the violation contributed to the crash and caused your injuries. Evidence of impairment can help establish liability, but it does not automatically guarantee compensation.
Other parties may share liability as well in a DUI accident case. The trucking company may also share responsibility if the driver caused the crash while performing job duties. The company could face additional liability if it negligently hired or supervised the driver or failed to follow applicable safety requirements.
Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain drug and alcohol testing programs. A company that did not follow those requirements may face additional scrutiny in your case.
Contact the Atlanta Truck Accident Lawyers at Rafi Law Firm for Help Today
A truck accident involving an impaired driver can leave you facing serious injuries, unexpected expenses, and uncertainty about your future. Understanding your legal rights can help you decide what to do next.
Rafi Law Firm represents people injured in truck accidents throughout Atlanta, Georgia, and surrounding communities. Our attorneys can investigate the circumstances of your crash, review evidence of impaired driving, and help you pursue compensation from responsible parties.
Contact our Atlanta truck accident attorneys today to schedule a free consultation and discuss your case.
Rafi Law Firm – Atlanta
1776 Peachtree St NW UNIT 423, Atlanta, GA 30309
(404) 800-9933
