Are DUI laws different for truckers
Truck in convoy passing interstate highway.

The law sets a higher standard for commercial truck drivers. Georgia and federal law set the blood alcohol concentration (BAC) limit for commercial truck drivers at 0.04 percent. For all other drivers in Georgia, the limit is 0.08 percent.

Why Are the BAC Levels for Truckers Different Than Regular Drivers?

Federal regulations forbid commercial truck drivers from reporting for duty with a BAC of 0.04 or greater. There is good reason for holding truck drivers to this higher standard.

Commercial truck drivers operate vehicles weighing up to 80,000 pounds, making them significantly larger and more challenging to maneuver than passenger vehicles. Intoxication impairs judgment, reaction time, coordination, and overall driving abilities. These skills are critical when operating any motor vehicle, let alone massive and potentially destructive trucks. Federal and state regulators aim to promote road safety and reduce the risk of deadly truck accidents by imposing stricter BAC limits on commercial truck drivers.

What Is the Four-Hour Limit?

Under federal regulations, truck drivers cannot consume alcohol within four hours of going on duty. That time begins when they must be ready for work, not necessarily when their truck rolls off the lot. A driver who violates this four-hour limit must go off duty for 24 hours.

What Is Meant by “On Duty?”

According to federal regulations, a driver is on duty from the moment they begin work or are required to be ready for work until they complete all their required work responsibilities. On-duty time is not limited to time behind the wheel.

Federal regulations for on-duty truck drivers:

  • Waiting at a facility or terminal to be dispatched
  • Inspecting, servicing, or conditioning the truck
  • Driving the truck
  • Sitting in or on the truck, except resting time or while riding as a passenger under very limited time frames
  • Loading or unloading the truck, either personally or supervising others doing so
  • Repairing a truck, either personally or waiting on others to do so
  • Providing a breath or urine specimen
  • Performing any other work required by the motor carrier

What Happens If a Trucker Is Found with ANY Trace of Alcohol on Their Breath?

If a truck driver reports for duty or is on duty with any trace of alcohol on their breath, their employer must administer a reasonable suspicion alcohol test. If the test measures a BAC of 0.02 to 0.04, the employer must take the driver off duty for 24 hours. If the test measures a BAC of 0.04 or greater, the employer must immediately remove the driver from duty. They must then report the positive test to the Federal Motor Carrier Safety Administration’s Commercial Driver’s License Drug and Alcohol Clearinghouse within three business days.

Before the driver can return to duty, they must complete the return-to-duty process. This process includes an evaluation by a substance abuse professional, participating in and completing a treatment program, and passing a return-to-duty alcohol test. They may also enroll in a follow-up testing schedule.

What Are the Penalties If a Trucker Is Caught Driving Under the Influence (DUI)?

The penalties for driving a commercial truck under the influence are significant. First, Georgia law sets various criminal penalties for DUI convictions.

Depending on the number of prior convictions, these may include:

  • Up to five years of jail time
  • Fines up to $5,000
  • Community service
  • Completion of a substance abuse program
  • Probation
  • License suspension ranging from one to five years
  • Installation of an ignition interlock device

Drivers of commercial motor vehicles (CMVs) also face the following federal penalties for a DUI:

  • First conviction while operating a CMV – One-year disqualification from operating a CMV
  • First conviction while operating a non-CMV – One-year disqualification from operating a CMV
  • First conviction while operating a CMV with hazardous cargo – Three-year disqualification from operating a CMV
  • Second conviction while operating a CMV or non-CMV – Lifetime disqualification from operating a CMV

What Injuries Can Result from a DUI Truck Driving Accident?

Collisions involving large trucks are already known to cause severe injuries. When alcohol is added to the situation, the consequences can be even worse for the victims.

Drunk truck drivers can cause accidents that result in injuries such as:

  • Traumatic brain injuries (TBIs)
  • Broken bones and fractures
  • Internal organ injuries and bleeding
  • Spinal cord injuries
  • Post-traumatic stress disorder (PTSD)
  • Soft tissue injuries

What Are My Legal Options After an Accident with a Drunk Truck Driver?

If you get injured in an accident with a drunk truck driver, you likely will file a claim with the trucking company’s insurance provider to seek compensation for your injuries and other losses. However, the trucking company or its insurer may deny liability for the accident to avoid paying you the money you deserve. Savannah personal injury attorney.

An experienced Savannah truck accident lawyer can aggressively negotiate with the insurance company on your behalf to pursue a fair settlement. If the insurer makes a low-ball offer or denies your claim, you could file a lawsuit in civil court. If so, an attorney can handle the necessary paperwork and represent you at trial.

Contact a Georgia Truck Accident Lawyer

The differing DUI laws for truck drivers reflect the elevated responsibilities and potential risks of operating large commercial vehicles. Drunk truck drivers endanger everyone on the road. If you were injured by an intoxicated truck driver, the team at Spiva Law Group could hold the driver and their employer accountable and seek the compensation you deserve. Contact us today for a free case review with one of our experienced Georgia truck accident lawyers.