Cases

Sauls v. State, 293 Ga. 165 (2013)

After defendant was charged with driving under the influence (DUI), the State Court, Douglas County, W. O’Neal Dettmering, J., granted defendant’s motion to suppress evidence of his refusal to submit to State administered chemical testing following his arrest. State appealed. The Court of Appeals, 728 S.E.2d 241, reversed. Defendant petitioned for writ of certiorari, which was granted. The Supreme Court held that police officer’s failure to inform defendant that test refusal could be used against him in criminal proceeding rendered notice inadequate. Court of Appeals judgment reversed.

Williams v. State, 303 Ga.App. 407 (2010)

Defendant was convicted in the State Court, Troup County, of operating commercial vehicle without having been issued class A driver’s license. Defendant appealed. The Court of Appeals, Andrews, P.J., held that evidence was sufficient to support conviction. Affirmed.

Chancellor v. Dozier, 283 Ga. 259, 658 S.E.2d 592 (2008)

IMPLIED CONSENT Defendant complained that he was denied due process because the implied consent notice read to him failed to inform him that his refusal to submit to chemical testing would result in his lifetime disqualification from having a commercial driver’s license. Court held due process does not require that the arresting officer inform the driver of all the consequences of refusing to submit to testing because the officer had made it clear that refusing the test was not a safe harbor, free of adverse consequences.

Meyer v. State, 480 SE 2d 234 – Ga: Court of Appeals (1997)

Defendant sought to have his alcohol-related driving offense record sealed after successfully completing a deferred judgment. The Court of Appeals held that, despite the deferred judgment not being considered a conviction under Georgia law, the alcohol-related driving offenses exception applied, preventing the record from being sealed. The denial of sealing was affirmed.

Roberson v. State, 491 SE 2d 864 – Ga: Court of Appeals (1997)

Defendant was driving a tractor-trailer in Murray County when stopped for speeding. The officer detected an odor of alcohol, administered a preliminary test showing a .09 BAC, and arrested Defendant for DUI in a commercial motor vehicle. A subsequent Intoxilyzer test revealed a .08 BAC. Defendant was convicted in Murray County State Court. On appeal, the Georgia Court of Appeals, in Roberson v. State, 491 S.E.2d 864 (Ga. Ct. App. Sept. 8, 1997), held that the evidence was sufficient to support the commercial DUI conviction. Affirmed.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

  • No reference (49 CFR 384 is not adopted but 49 CFR 383 is and disqualifications apply under 49 CFR 383.51

10-Day Posting Requirement

Disqualifications (Out of Service/Railroad Crossings)

Resources

Article: More Than 1,200 Truck Drivers Fail English-Language Tests

More than 1,200 U.S. truck drivers have been taken off the road after failing roadside English proficiency tests required by the Federal Motor Carrier Safety Administration. The effort, reinstated under Transportation Secretary Sean Duffy, is meant to improve safety by making sure drivers can read traffic signs, complete paperwork, and communicate clearly.

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Georgia Webcast – July 23, 2025

This Webcast focused on human trafficking and its impact on commercial drivers in Georgia courts. The presenter, Hon. Jason Ashford, provided an overview of human trafficking, including its definition, various forms, legal aspects, and statistics. The discussion covered myths about trafficking, economic impacts, legislation, and the importance of recognizing signs and raising awareness to combat this widespread issue.

Webcast: Access to Justice for Commercial Drivers in the Georgia Traffic & Criminal Court System – March 10, 2021

Each year, over half a million crashes involving commercial motor vehicles occur on U.S. highways, many tied to repeat violators who might have been kept off the road if CDL/CMV laws were properly enforced. This webcast will address the tension between Access to Justice and the specialized legal requirements for CDL cases, highlighting the need for judges to understand federal and state laws that treat commercial drivers differently from non-commercial drivers.

Webcast: Ethically Handling Commercial Drivers in the Georgia Criminal & Traffic Courts – May 27, 2020

This webcast will highlight the importance of judges understanding federal and state CDL/CMV regulations, which require courts to treat commercial drivers differently—even in cases involving personal vehicles or no traffic violations at all. With over half a million CMV-related crashes each year, many tied to repeat violators, proper enforcement and specialized court procedures are essential to ensuring safety and justice.