McIlhinney & Sessions - DUI Law

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If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep you driving license from being suspended or revoked.  You must request a hearing within 10 days or your license may be suspended for up to 1 year.

 

MANDATORY SUSPENSION OF COMMERCIAL DRIVER’S LICENSE FOR COMMISSION OF A “MAJOR TRAFFIC OFFENSE” 

If you are convicted of any of the following offenses, your commercial driver’s license will be suspended:

    • Operating a commercial motor vehicle (“CMV”) or non-CMV while under the influence of alcohol;
    • Operating a CMV with a BAC of .04 or higher;
    • Refusal to submit to a chemical test;
    • Driving a CMV or non-CMV while under the influence of a controlled substance;
    • Leaving the scene of an accident (CMV or non-CMV);
    • Felony involving the use of a motor vehicle (CMV or non-CMV);
    • Causing a fatality through the negligent operation of a CMV;
    • Operating a CMV when the driver’s CDL is suspended;
    • Use of CMV or non-CMV in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substance;

SPECIAL CONSIDERATION FOR THIS OFFENSE: A CONVICTION FOR THIS OFFENSE WILL RESULT IN A LIFETIME DISQUALIFICATION THAT CANNOT BE SHORTENED OR OTHERWISE REDUCED.  

    • Racing on the streets and highways;
    • Using a motor vehicle in attempting to flee or elude an officer;
    • Operating a motor vehicle with a revoked, cancelled, or suspended registration in violation of O.C.G.A. 40-6-15;
    • Theft of a CMV or cargo contained therein;
    • Administrative Per Se violation (Georgia Implied Consent suspension)

NOTE: The first conviction shall cause a disqualification of the driver’s commercial driving privileges for 1 YEAR.  The second conviction will cause a LIFETIME DISQUALIFICATION.

NOTE:  For any of the above-referenced “Major Traffic Offenses,” if the CMV was transporting quantities of hazardous materials that require a placard, the period of disqualification for a first conviction will be 3 YEARS.

No limited driving permit is available for this period of suspension.  If you possess a CDL or if you are considering obtaining a CDL and you face a traffic charge, we recommend you seek legal counsel.  Contact our office today to schedule a FREE consultation. 

 

 

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McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Ashburn Belvedere Park Bryan Byron Buckhead Buford Camden Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Darien Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough McIntosh Meriweather Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peach Peachtree City Pembroke Perry Pike Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock Zebulon

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