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CDL Holder DUI Consequences in Georgia
Chapters of the Code it cites
- § 40-5
- § 40-6
A commercial driver’s license holder convicted of DUI in Georgia loses the right to drive a commercial vehicle for at least one year under O.C.G.A. § 40-5-151, even when the DUI happened in a personal car. Refusing a state chemical test counts the same way. Hazardous materials raise the period to three years, and a second offense brings disqualification for life.
What triggers a disqualification
Georgia ties CDL disqualification to a “major traffic violation”, defined in § 40-5-142(18.2) as a conviction of listed offenses “when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle”. The list includes driving under the influence in violation of § 40-6-391 and “Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55.” The federal rule, 49 C.F.R. § 383.51, sets the same periods for a CDL holder and applies them to an offense in a non-commercial vehicle as well.
The disqualification periods
| Event | Georgia, § 40-5-151 | Federal, 49 C.F.R. § 383.51, Table 1 |
|---|---|---|
| First DUI conviction or test refusal | not less than one year (subsection (a.1)) | 1 year, in a commercial or a non-commercial vehicle |
| First offense while transporting placarded hazardous materials | three years (subsection (b)) | 3 years |
| Second offense, in any combination, from separate incidents | life (subsection (c)) | life |
In a commercial vehicle: the 0.04 rule
Behind the wheel of a commercial motor vehicle, Georgia’s alcohol limit is lower. Section 40-6-391(i) prohibits driving a moving commercial motor vehicle “while there is 0.04 percent or more by weight of alcohol in such person’s blood, breath, or urine.” The implied consent notice for commercial drivers, § 40-5-67.1(b)(3), tells the driver that a refusal means disqualification for at least one year, that “the presence of any alcohol” brings a 24-hour out-of-service order, and that a result of 0.04 or more means disqualification for at least one year. How the 0.08 and 0.02 limits apply to other drivers is covered in DUI prosecution theories in Georgia.
No permit to keep driving commercially
Section 40-5-151(d) bars the Department of Driver Services from issuing “a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification”. The ignition interlock permit that other drivers can choose after a DUI arrest is not available to a person who “currently holds a license to drive a commercial motor vehicle” (§ 40-5-64.1(a)(4)(C)). The 30-day hearing request, and the reasons a non-commercial driver might choose the permit instead, are explained in the ALS hearing after a Georgia DUI arrest.
Reducing a lifetime disqualification
Section 40-5-151(d) lets the Department issue regulations under which a lifetime disqualification “may be reduced to a period of not less than ten years”, and it bars any other reduction. The federal rule allows a state to reinstate a driver after ten years “if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State”, and adds that a person reinstated this way who is later convicted of another disqualifying offense “must not be reinstated” (49 C.F.R. § 383.51(a)(6)). Knowingly using a motor vehicle in a felony involving the distribution or sale of a controlled substance brings disqualification for life with no ten-year reduction (§ 40-5-151(e)).
The notice need not mention the lifetime consequence
In Chancellor v. Dozier, 283 Ga. 259 (2008), a CDL holder driving his personal vehicle refused testing after a DUI arrest and was disqualified for life because of the refusal and a prior DUI conviction. He argued the notice he heard, the one for drivers 21 and older, did not warn him of that result. The Supreme Court of Georgia held that “as long as the arresting officer informs the driver that the driver could lose his driver’s license for refusing to submit to chemical testing, due process does not require the arresting officer to inform the driver of all the consequences of refusing to submit to chemical testing.” Whether a refusal can be used at the criminal trial is covered in Georgia implied consent law and test refusal.
A 2024 addition: federal drug and alcohol testing reports
According to the Office of Legislative Counsel’s 2024 summary, House Bill 997, effective July 1, 2024, amended § 40-5-151 to require disqualification “upon receipt by the Department of Driver Services of notification from the Federal Motor Carrier Safety Administration of a positive drug test, an adulterated or substituted drug test, or a report of a refusal to submit to such test”, and provided for reinstatement.
Questions for a CDL holder after a DUI arrest
- Was the stop in a commercial vehicle or a personal one, and which implied consent notice was read?
- Was there a test result, a refusal, or both?
- Is there an earlier DUI conviction or refusal from a separate incident, which would make this a second offense?
- Was the vehicle carrying placarded hazardous materials?
Sources
- O.C.G.A. § 40-5-142(18.2) (2022 Georgia Code; editorial amendments in 2024, Senate Bill 448); § 40-5-151 (2023 Georgia Code; amended in 2024 by House Bill 997, with editorial amendments by Senate Bill 448); § 40-5-64.1(a)(4) (2023 Georgia Code); § 40-5-67.1(b)(3) (2024 Georgia Code); § 40-6-391(i) (2025 Georgia Code).
- 49 C.F.R. § 383.51.
- Chancellor v. Dozier, 283 Ga. 259 (2008).
- Office of Legislative Counsel, Summary of General Statutes Enacted at the 2024 Session (House Bill 997).
General information about Georgia criminal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.