Can You Get a CDL With a Felony or DUI in Georgia?

By: Georgia CDL DUI Lawyer near me and Ex-Cop Cory Yager, who answers basic questions about Commercial Driver's License in GA

A big rig accident is a professional driver's worst nightmare. When a CDL holder is involved in an accident or receives a traffic citation, that driver wants to protect his or her record. A conviction can follow a driver into the hiring process. Our page on jobs with a DUI conviction covers the employment fallout in detail.

A high-profile collision brings out the state patrol's rapid response truck accident team. Their purpose is to investigate the crash and bring charges. Those charges can lead to loss of the CDL. Every misdemeanor traffic crime poses a risk for a CDL holder. That includes speeding tickets, failure to yield, illegal passing, and failing to signal.

When a charge is filed, contact a trucking attorney near you right away. Ask for names in your area. The key is to find a local, experienced truck driver attorney, above all if a tractor trailer accident took place.

The legal industry does not treat commercial license traffic work as a separate category. It falls under criminal defense or drunk driving defense. The partners at GeorgiaCriminalDefense.com share 33 Super Lawyers listings for drunk driving and criminal defense in Georgia. They have also been named in Best Lawyers in America each year for more than 15 years.

When a truck driver's attorney does not know the complex federal transportation regulations, that is a disaster for the CDL operator. The three CDL attorneys at our firm are also law book co-authors. Together they have more than 16 titles to their credit.

This page answers a common question: "Can I get a CDL with a DUI?" The question can be read several ways. It depends on the driver's current legal driving status.

One reading is this. The driver has already been convicted. He or she needs to know when and how to obtain a commercial license again.

Another reading is: "Can you get a CDL if you have a DUI?" The driver has been arrested but not convicted. He or she wants to know how to beat the charge and save the commercial license.

A third reading is about the hiring side. Many motor carriers refuse to hire a driver with a drunk driving conviction in the past.

When it comes to traffic tickets, the right attorney for a truck driver is one who tries DUI cases. A charge like that lands in a driver's life like a bomb. Our three attorneys for truckers are used to stepping up in these cases.

Can You Get a CDL With a Felony Conviction?

A felony does not by itself bar a person from a CDL. But certain felonies trigger a lifetime ban from driving a big rig. The answer turns on the type of felony and how it ties to the job. It also turns on whether the crime is named in the federal CDL disqualification rules.

Federal law draws a critical line. On one side sit felonies committed while driving a big rig. On the other sit felonies unrelated to commercial driving.

Vehicle-related felonies carry the harshest penalties. A first offense here means the driver used a big rig to commit a felony. Examples include drug making or drug dealing, a death caused by the truck, and running from the police. Any of those brings a disqualification of at least one year. A second major offense triggers lifetime disqualification. Some drug crimes done at the wheel of a big rig carry a lifetime ban with no way back at all.

Felonies unrelated to commercial driving do not bar a CDL under federal law. A driver found guilty of a crime with no tie to driving, such as a property crime or a white-collar offense, may still apply for and get a license. The federal rules do not stand in the way. So the honest answer to "Can you have a CDL with a felony?" is often yes, at least as a matter of law.

Real hurdles do remain, though, even when federal law says yes. Many carriers run background checks and will not hire drivers with felony records. A felony may also cost a driver a hazmat endorsement or a TWIC port worker credential. Which of those applies turns on the crime. So the legal answer and the practical answer are often different.

Drivers ask this two ways. Can I get a CDL with a felony still on my record? And can you obtain a CDL with a felony that involved a truck? Either way, the answer starts with pinning down the exact charge. Then check how the federal disqualification rules treat it.

Can You Get a CDL With Two DUI Convictions?

A second DUI conviction ends a commercial driving career. It does not matter whether the driver was driving a big rig or a personal vehicle. The disqualification is permanent. That is the worst blow a truck driver can take from repeat drunk driving charges.

The Federal Motor Carrier Safety Administration sets the drug and alcohol rules for every CDL holder in the country. Under those federal rules, a first DUI offense costs the driver the CDL for one year. The disqualification extends to three years if the driver was transporting hazardous materials at the time. A second conviction, at any point in a driver's life, triggers lifetime disqualification.

One detail catches many drivers off guard. Behind the wheel of a big rig, the legal limit is 0.04 percent. That is half the 0.08 percent standard that is set for the family car under Georgia's DUI statute. A driver can blow well under the personal-vehicle limit and still lose the CDL.

A ten-year path back does exist for some lifetime bans. It is open when no drug felony is involved. After ten years of the ban, a driver may ask the state agency for the CDL back. Nothing is promised. The driver must meet strict rules on treatment and clean living.

Talking to a lawyer before a guilty plea is entered matters a great deal. A deal that keeps a DUI conviction off the record may preserve the CDL. It may also save the job that goes with it.

Speak With a Georgia CDL DUI Defense Attorney

A DUI arrest puts a commercial driving career at risk right away. Georgia's Administrative License Suspension process gives a driver just 30 days to request a hearing. Miss that deadline and the suspension kicks in on its own.

Defending a CDL holder's driving privileges takes a lawyer who knows both Georgia DUI law and the federal disqualification framework. Where the two sets of rules overlap, traps open up that a general practice lawyer may not spot.

Larry Kohn, William Head, and Cory Yager at Kohn & Yager LLC handle CDL DUI defense cases throughout Georgia. If you or someone you know faces a charge that threatens a commercial license, call (404) 567-5515 for a free consultation. Our lawyers return calls on weekends, on holidays, and at night.

Felonies That Cause Lifetime CDL Disqualification

The federal rules name the exact crimes that end a commercial driving career for good. They fall into two categories, based on whether reinstatement is ever an option.

No reinstatement available: Using a commercial truck to commit a felony involving the manufacturing, distributing, or dispensing of a controlled substance brings a mandatory lifetime ban. The ten-year path back does not apply. This is the most severe penalty in the federal table.

Lifetime with possible ten-year reinstatement: A second conviction of any major offense brings a lifetime ban. That ban may open up again after ten years. Major offenses include drunk driving and drugged driving. They also include refusal of a chemical test and leaving the scene of an accident. Committing a felony while operating a commercial truck counts as well.

Human trafficking felonies: The federal rules also impose a lifetime ban on any driver who uses a big rig in a felony involving severe forms of trafficking in persons. Like the controlled substance felony above, this one carries no ten-year path back. The amendment closed a gap that had left human trafficking off the list of disqualifying offenses.

A driver facing any of these charges should talk to a lawyer before entering a plea. The difference between a guilty plea and a worked-out deal may decide whether the driver ever holds a CDL again.

Can You Drive a Truck With a DUI on Your Record?

A single DUI conviction does not permanently end a trucking career, but it does create serious obstacles. Under the federal rules, a first offense costs the driver the CDL for one year. If the driver was transporting hazardous materials at the time, the ban period extends to three years.

Once the ban period expires, a driver may reapply for reinstatement through the Georgia Department of Driver Services. Federal law does not bar a CDL for life after a single offense. The ban has an end date.

Being allowed to drive and being hired to drive are two different things, though. Most major motor carriers check a driver's record through two systems. The first is the Pre-Employment Screening Program, run by federal safety staff. The second is the Drive-A-Check report, maintained by HireRight. The first shows crash history and roadside checks from the past five years. The second holds job history, drug test results, and accident records that follow a driver from one carrier to the next.

Many carriers have a firm rule against hiring any driver with a DUI conviction in the prior three to ten years. Some carriers impose a permanent ban. Even a smaller company that is more flexible will likely pay higher insurance premiums for that driver.

The practical reality is plain. A single guilty plea can make it very hard to find work as a truck driver for years. That is why fighting the charge, before a guilty plea is entered, matters so much for a CDL holder.

Do You Lose Your CDL Immediately After a DUI Arrest in Georgia?

A DUI arrest in Georgia triggers the Administrative License Suspension process. That process can suspend a license before any court conviction occurs. For a CDL holder, it carries unique consequences and calls for fast action.

When a Georgia officer arrests a CDL holder for drunk driving, the officer hands the driver a notice of intent to suspend. That notice works as a temporary permit for 30 days. The driver then has exactly 30 calendar days from the arrest date to file a Form 1205 hearing request with the Georgia Department of Driver Services. Miss that deadline and the suspension kicks in on its own. There is no hearing and no appeal.

At the hearing, an administrative law judge looks at whether the officer had reasonable grounds for the arrest. The judge also reviews whether the driver refused or failed a chemical test. The ruling decides whether the suspension stands or is rescinded.

CDL holders face an additional burden that other drivers do not. Georgia law does not allow a CDL holder to obtain a limited driving permit to operate a big rig while the license is suspended. A regular driver may qualify for a hardship permit that allows a trip to work. A commercial driver gets no such option for the vehicle. In practical terms, the suspension grounds the driver until it is lifted or expires.

That is why the 30-day deadline is the single most time-sensitive issue for any CDL holder arrested for driving under the influence in Georgia. A defense lawyer can file the hearing request and challenge the suspension before it takes effect.

Frequently Asked Questions

Can You Get a CDL With a Felony on Your Record?

A felony unrelated to driving does not bar a CDL under federal law. But a felony committed while driving a big rig, such as drug trafficking or vehicular manslaughter, triggers bans that run from one year to life. A felony may also cost a driver a hazmat endorsement or a Transportation Worker Identification Credential, depending on the offense.

How Long Does a DUI Stay on Your CDL Record in Georgia?

A DUI conviction stays on a Georgia driving record for good. Georgia does not allow it to be wiped from the record. For a CDL holder, the federal Pre-Employment Screening Program holds crash and roadside data for five years. Job history reports may carry the news much longer. Motor carriers can pull these records at hiring time for years to come.

Can You Get a CDL With a DUI in Georgia if the DUI Was in a Personal Vehicle?

Yes, in time. A DUI conviction in a personal vehicle still triggers a one-year CDL disqualification under the federal rules. After that year, the driver may apply for reinstatement. A second conviction, even in a personal vehicle, brings a lifetime ban with a possible ten-year reinstatement pathway.

What Is the BAC Limit for CDL Drivers in Georgia?

The limit for a CDL holder driving a big rig is 0.04 percent. That is half the 0.08 percent limit for non-commercial drivers. The lower threshold applies any time a CDL holder is behind the wheel of a commercial vehicle. A driver can be charged at a level that would be legal in a personal vehicle.

Can You Drive a Truck With a Suspended License After a DUI Arrest?

No. Georgia law does not permit a CDL holder to obtain a limited driving permit for commercial motor vehicle operation while a license is suspended. Even when a hardship permit is available for personal driving, it does not extend to commercial operation. The driver is grounded until the suspension is resolved at a hearing or expires.