Brunswick Commercial Driver DUI Attorney
A DUI Arrest Can End a Commercial Driver’s Career. Get Skilled Legal Help Now.
For commercial drivers in Brunswick and Glynn County, a DUI arrest is not just a legal problem. It is a direct threat to your livelihood. The rules that apply to CDL holders are far stricter than those governing ordinary motorists, and a single conviction can put you out of work for a year or permanently. At the office of Jarrett Maillet J.D., PC, our Brunswick commercial driver DUI defense attorney understands what is at stake and is ready to fight to protect both your license and your career. Contact us today for a fully confidential, no-obligation consultation.
Why Commercial Drivers Face a Tougher Standard in Georgia
Brunswick is home to one of the busiest ports on the East Coast. The Port of Brunswick has grown into the nation’s leading roll-on/roll-off cargo facility. Combined with Brunswick’s direct access to Interstate 95 and eight local motor freight terminals, commercial trucking is woven into the fabric of the local economy. Many Glynn County residents depend on their CDL to earn a living, which makes a commercial driver DUI charge especially consequential in this area.
Under O.C.G.A. § 40-6-391, commercial motor vehicle operators are held to a blood alcohol concentration limit of just 0.04 percent, which is exactly half the 0.08 percent limit applied to standard motorists. This lower threshold means that a CDL holder can be charged with a DUI after consuming an amount of alcohol that would not result in any charge for a non-commercial driver. The law applies whether the driver is behind the wheel of a commercial vehicle or their own personal car at the time of the arrest.
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The CDL Disqualification Consequences Are Severe
Beyond the standard DUI criminal penalties, CDL holders face a separate and devastating layer of consequences under O.C.G.A. § 40-5-151. A first DUI conviction triggers a mandatory one-year disqualification of all commercial driving privileges, regardless of whether the arrest occurred in a commercial vehicle or a personal one. Unlike standard license suspensions, there is no limited work permit available to CDL holders during disqualification. A commercial driver loses the ability to work entirely for the full year. A second major traffic violation conviction results in a lifetime CDL disqualification. For a professional truck driver, bus operator, or port logistics worker, this is effectively a career-ending outcome with no appeal or reduction available in most cases.
How Jarrett Maillet Defends CDL Holders in Brunswick
Attorney Jarrett Maillet approaches commercial driver DUI cases with thoroughness and close attention to detail. CDL cases often involve layered legal issues, including the validity of the traffic stop, the reliability of field sobriety testing, and the accuracy of any chemical tests administered. Beyond the criminal case, Attorney Maillet is attentive to the administrative timeline. In Georgia, a DUI arrestee has only 30 days from the date of arrest to request a hearing with the Department of Driver Services or take other steps to protect their driving privileges. Missing that window can result in consequences that cannot be undone, making it essential to contact a defense lawyer as soon as possible after an arrest.
Frequently Asked Questions About Commercial Driver DUI Charges in Brunswick
Does the 0.04 percent BAC limit apply even when a CDL holder is driving their personal vehicle?
Yes. Georgia’s stricter BAC limit applies based on the license the driver holds, not the vehicle being operated. A commercial driver arrested for DUI in their personal car is still subject to the same CDL disqualification consequences as if they had been driving a tractor-trailer. This surprises many drivers who assume that off-duty driving is evaluated under the standard 0.08 percent threshold.
Can a commercial driver be charged with DUI in Georgia without a chemical test?
Yes. Georgia’s less safe DUI statute under O.C.G.A. § 40-6-391(a)(1) does not require proof of a specific blood alcohol level. Prosecutors can pursue a charge based on an officer’s observations of driving behavior and field sobriety evaluations alone, meaning a CDL holder could face both the criminal charge and disqualification consequences without any breath or blood test result on record.
Is there any way to continue driving commercially during a CDL disqualification?
No. Unlike some other license suspensions in Georgia, there is no hardship permit or work-restricted license available to CDL holders facing a DUI-related disqualification. The disqualification is absolute for the period imposed. This is one of the most important reasons why challenging the underlying charge before a conviction is entered matters so much for commercial drivers.
Contact Our Brunswick Commercial Driver DUI Defense Attorney Today
At Jarrett Maillet J.D., P.C., our Brunswick commercial driver DUI attorney knows how much a CDL means to you and your family. We are here to provide honest, aggressive representation to protect your license, your record, and your career. Call our office at 912-713-3426 or contact us online to set up a strictly confidential, no-obligation case evaluation. We defend commercial driver DUI charges in Brunswick, Glynn County, and throughout coastal Georgia.
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What A Criminal Defense Attorney Will Do For You
A lawyer may be contacted directly or a court may appoint a private lawyer.
The lawyer will gather as many details about the case to learn about possible defenses, strengths, and weaknesses.
The lawyer will typically question the police, speak with witnesses, and gather information used to build a strong defense.
The lawyer must study the facts and theories of the case carefully.
A lawyer will communicate often with their client, ensuring confidentiality, to provide information about the case so that they understand the possible consequences.
A lawyer is involved in the jury selection process. This means he or she may have jurors removed if they believe they may be biased against the defendant.
A lawyer is responsible for negotiating with the prosecutor regarding any plea bargain. He or she may be able to secure a favorable deal for the defendant, which results in a reduction of charges.
A lawyer examines witnesses, cross-examines the state’s witnesses, and tries to convince the jury that the prosecution failed to find the burden of proof.
If the criminal defendant is sentenced for the crime, a criminal defense lawyer can still represent the defendant during the sentencing phase. He or she may try to convince the judge or jury to limit the amount of time that the defendant serves and discuss alternatives to incarceration.