Disqualification of Commercial Driving Privileges (CDL)
Being a professional driver is not easy. You work hard for your money, often spending long periods of time separated from your family and the ones you love. Governmental rules and restrictions limit how often you can drive, and often prevent you from maximizing your income. In Gwinnett County Georgia, Fulton County Georgia, DeKalb County Georgia, Cobb County Georgia and within the State of Georgia a holder of a CDL license has lower limits of blood alcohol concentration than other motorists to be arrested and convicted of DUI; this is true whether you were driving a commercial vehicle or your personal car at the time of the arrest. Is this fair? No. More than others, you need Dan Palumbo’s knowledgeable and aggressive representation to help you keep your CDL.
Do you need a Lawyer? You sure do; 470-275-1500.
In addition to all of the suspensions listed above, a person’s commercial driving privileges will be disqualified pursuant to O.C.G.A. §40-5-151 for:
- Any offense listed in O.C.G.A. §40-5-54 (Habitual Violator Statue)
- Conviction of any violation of code sections §16-8-2 through §16-8-9 if the property that was the subject of the theft was a vehicle engaged in commercial transportation, any appurtenance thereto, or any cargo contained therein or thereon
- Driving under the influence of alcohol or drugs
- Refusal to submit to a test to determine the driver’s blood alcohol concentration
- Using a CMV in the commission of a felony
- Failure to report striking an unattended vehicle
- Failure to report striking a fixed object
- Failure to report an accident
- Driving a commercial motor vehicle while the person’s commercial driver’s license or commercial driving privilege is revoked, suspended, canceled, or disqualified
- Commission of multiple serious traffic violations
- Violations of out-of-service orders
- Conviction of a railroad grade crossing offense while operating a commercial motor vehicle
- Falsification of information on CDL application and/or supporting documents
- Notification from FMCSA of imminent hazard
- Any violation of the Georgia Controlled Substance Act (Article 2 of Chapter13 of Title 16 of the Official Code of Georgia Annotated) (§40-5-75) ONLY when a motor vehicle was knowingly used in the commission of any felony involving the trafficking, manufacture, distribution, sale, transfer, dispensing, or possession with intent to manufacture, distribute, cultivate, sell, traffic in, or dispense a controlled substance or marijuana.
You May Still Be Able To Drive if Your Commercial License Has Been Disqualified
Federal regulations and Georgia law establish criteria for commercial license disqualifications. Disqualifications should not be confused with suspensions. Disqualifications only withdraw the commercial privileges (that is, the licensee’s privilege to operate a commercial motor vehicle or apply for a commercial license). Suspensions, however, lead to the withdrawal of ALL driving privileges (non-commercial, commercial, and motorcycle).
A licensee with a commercial disqualification can still operate a non-commercial vehicle if those privileges are not also suspended.
Criminal Court Reports Convictions to DDS
After a conviction of a traffic offense, the court will forward notice of that conviction to DDS. The conviction information will be placed on the driver’s driving record by DDS and additional penalties will be imposed, if applicable.