What Happens if You Get a DWI With a CDL License in Texas?

What Happens if You Get a DWI With a CDL License in Texas?

Driving while intoxicated (DWI) is a severe offense in Texas, but for commercial driver's license (CDL) holders, the consequences can be even more severe. 

If you're a professional driver with a CDL in Texas, you need a lawyer who understands the potential ramifications of a DWI conviction. 

Don't let one mistake derail your entire career. Contact a seasoned DWI defense attorney who can understand the risks involved and advocate you.

 

Schedule a free consultation

 

Understanding DWI and CDL in Texas

Before going over the specific consequences, let's clarify some key terms and concepts:

1. DWI in Texas: In Texas, a DWI charge can stem from a BAC of 0.08% or higher, or even if your ability to drive is impaired by alcohol or drugs. This means even a small amount of intoxication can land you in legal trouble.
2. CDL: A Commercial Driver's License is required to operate large, heavy, or placarded hazardous material vehicles for commercial purposes.
3. Zero Tolerance Policy: CDL holders are subject to stricter BAC limits. While operating a commercial motor vehicle (CMV), the legal limit is 0.04% BAC.

Penalties for DWI with a CDL in Texas

The consequences of a DWI conviction for CDL holders in Texas are multifaceted and can be devastating to your career and personal life. Let's break down the potential penalties:

• Jail Time: First offense - up to 180 days, Second - up to 2 years, Third - 2-10 years in prison.
• Fines: Up to $2,000 for a first offense, increasing to $4,000 for a second.
• License Suspension: Up to 1 year for a first offense, with potential lifetime disqualification for subsequent offenses.
• CDL Disqualification: Minimum 1 year for a first offense, potentially permanent for repeat offenders.
• Refusal/Failed Test: Automatic license revocation and potential for longer suspensions.
• Occupational License: Offenders cannot obtain one during disqualification, hindering commercial driving.
• High BAC: Expect harsher penalties for BACs exceeding 0.15%.

Long-Term Consequences: What You Need to Know

The impact of a DWI conviction on a CDL holder extends far beyond the immediate legal penalties:

1. Employment Difficulties:

• Many employers have zero-tolerance policies for DWI convictions.
• You may find securing employment in the transportation industry challenging, even after the state reinstates your CDL.

2. Insurance Rates:

• Your personal and commercial insurance rates may increase significantly.
• Some insurance companies may refuse to cover you altogether.

3. Financial Impact:

• Beyond fines and increased insurance costs, you may face lost wages due to your inability to work.
• You may find yourself having to pay certain fees

CDL Disqualification Criteria in Texas

According to Texas Transportation Code 522.081, the following offenses can result in CDL disqualification:

• Two serious traffic violations within three years: 60-day disqualification (Examples: excessive speeding, reckless driving, improper lane changes, tailgating)
• Three serious traffic violations within three years: 120-day disqualification
• Railroad-highway grade crossing violations:

• First offense: 60-day disqualification
• Second offense within 3 years: 120-day disqualification
• Third offense within 3 years: At least 1-year disqualification
• The following result in minimum one-year suspensions (first offense), three-year suspensions if transporting hazardous materials (first offense), or lifetime suspensions (second offense):

• Driving under the influence of alcohol
• Leaving an accident scene
• Using a commercial vehicle to commit a felony: Lifetime disqualification

The Texas Department of Public Safety notes that CDL holders convicted of DWI may be eligible for reinstatement after 10 years if they complete an approved rehabilitation program.

Steps to Take If Charged with DWI in Texas

If you find yourself charged with DWI as a CDL holder in Texas, take these immediate steps:

1. Exercise Your Right to Remain Silent: Avoid making statements to law enforcement without an attorney present.
2. Request an ALR Hearing: This is your chance to contest the immediate suspension of your driving privileges. You have only 15 days from your arrest to request this hearing.
3. Consult an Experienced DWI Attorney: Look for a lawyer with specific experience defending CDL holders in DWI cases.
4. Gather Evidence: Collect relevant documentation, witness information, or other evidence that might support your defense.

The ALR Hearing Process

An Administrative License Revocation (ALR) hearing is your opportunity to challenge the immediate suspension of your CDL following a DWI arrest. Here's a breakdown of the process:

• Time Limit: You only have 15 days from your arrest to request an ALR hearing. Act promptly to avoid missing this deadline.
• Hearing Format: The hearing is typically conducted before a Department of Public Safety (DPS) hearing officer, not a judge.
• Burden of Proof: The arresting officer must prove probable cause for the arrest and that you refused a chemical test or had a BAC above the legal limit.
• Evidence Presentation: You can present evidence, such as witness testimony or documentation of medical conditions, to challenge the officer's account.
• Outcome: The hearing officer will decide whether to uphold or overturn the suspension.

An attorney can guide you through the ALR hearing process, increase your chances of a successful outcome, and help you minimize the impact on your driving privileges.

Worried About Your DWI With a CDL License in Texas? Contact Law Offices of David M. White

Facing a DWI charge while operating a commercial vehicle can have serious consequences. Beyond fines and potential imprisonment, you risk losing your CDL and your livelihood as a commercial driver.

Law Offices of David M. White defends clients against DWI charges in Texas. Our defense services may include:

• Developing a tailored defense strategy and offering legal guidance
• Explaining your options and potential case outcomes
• Examining the validity of evidence and charges against you
• Gathering new evidence to support your defense when possible
• Preparing you for any required statements or testimony
• Providing courtroom representation

If you've exceeded the commercial driver alcohol limit and wish to discuss your case, contact Abilene criminal defense lawyers at (325) 437-3311 for a free consultation.