Georgia DUI Law

New CDL Rules are Here

The Federal Motor Carrier Safety Act regulations will require all states to adopt regulations to make the following changes or face loss of highway funding.

Georgia has made the changes.  A CDL driver will face loss of CDL status whether a DUI occurs in a commercial or a non-commercial vehicle.

A first DUI after October 1, 2003, will result in a one-year hard suspension of the CDL.

A second or subsequent DUI within five years which occurs after October 1, 2003, will result in a lifetime ban as a CDL licensee.

Consider carefully before pleading to a DUI if you are a CDL driver or will be seeking a CDL in the future.

Sean Black is certified to administer and instruct Standardized Field Sobriety Tests.  That gives him a greater understanding of the correct procedure for the administration of the roadside tests and the importance of the officer getting these tests right.  If the officer does not properly administer the tests, the evaluation is flawed.  That can make a difference in the court's evaluation of probable cause.

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In Georgia, every driver is presumed to have consented to a test of their blood, breath or urine upon request.  Drivers are still entitled to an implied consent warning upon an officer requesting that they submit to such a test or tests.  This warning must be given according to a statutorily mandated wording.  Failure to comply with the request for testing can result in the suspension of a driver's license or privilege to drive in the state.

Often the officer will fail to comply with the requirements of the implied consent warning, proper testing procedures, Miranda warnings, field sobriety testing or other matters.  It is a DUI lawyer's task to identify these deficiencies and attempt to turn them to your advantage.

Georgia has not distinguished itself in the procedures or equipment it has selected to conduct its alcohol chemical testing.  Over the past ten years, the procedures that would insure the proper administration of chemical testing have been lessened or eliminated.  The equipment has not been subjected to appropriate calibrations or maintenance or scientific oversight.

It's important to know what to do if you are arrested for DUI.  These are our suggestions.

If you need representation in Georgia, fill out our Prospect Questionnaire and we'll give you a free on-line evaluation of your case.  Please note this is for Georgia DUI's only. 

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If you're looking for a DUI lawyer in California, please visit Lawrence Taylor's website.