August 22, 2024
If you have a commercial driver’s license, the last thing you ever want to have is a DWI conviction. The consequences for driving over the legal limit are harsh for any driver, but CDL holders face the most significant scrutiny. They are also subject to a blood alcohol content as being over the limit.
As the driver of a commercial vehicle, you should understand what can happen with DWI offenses. A DWI lawyer can help with this type of criminal defense case. The Napier Law Firm, PLLC, represents truck drivers facing this criminal process. In this blog post, you will learn about what can be done regarding obtaining a commercial driver’s license (CDL) in Texas after being convicted of DWI.
Understanding the Impacts of a DWI Conviction in Texas
A DWI conviction with a CDL in Texas can happen even if you’ve only had a drink or two. According to Texas law, the blood alcohol concentration (BAC) limit for other drivers is 0.08%. However, for truck drivers, the Federal Motor Carrier Safety Administration (FMCSA), which issues the CDL license, sets the limits at 0.04%. It stands to reason that all CDL holders should abide by all the rules and regulations set forth by the FMCSA as well as the Lone Star state. If you don’t have a drop to drink, you won’t run the risk of having issues with your CDL in Texas.
First Offense Texas CDL
CDL drivers who are pulled over and given a breathalyzer test that comes back with 0.04% BAC or higher will be charged with a DWI offense. If you get a DWI conviction on this charge, it’s a Class B misdemeanor, punishable by up to 180 days in jail, along with paying $2,000 in fines.
Second and Third DWI Offense Texas CDL
Getting a first offense is a bad idea as it can tarnish your good driving record and, instead, leave you with a criminal record. After the first one, any subsequent DWI conviction on a Texas CDL has much heavier consequences. According to Texas CDL disqualifications, you will be permanently banned from being granted a CDL in Texas.
If you lose your license for traffic offenses of this nature, you will not be permitted to operate a commercial vehicle. You’ll lose your job as a trucker, and you’ll be hard-pressed to find another job that is willing to overlook multiple DWIs on your record. A DWI conviction puts you in a precarious position, though with the help of a DWI attorney, you may be able to retain your driving privileges.
If you were arrested for driving commercial vehicles while under the influence, you face an immediate driver’s license suspension, just as any other driver in the state. CDL holders will have their CDL license taken by the arresting officer. You can get a temporary permit by scheduling an Administrative License Revocation (ALR) hearing to disprove these charges with your commercial motor vehicle. Since so much is at stake with your commercial driver’s license and potential driver’s license suspension, it is ideal to hire an attorney to assist you with this traffic violation at the administrative hearing and help you get a temporary driving permit.
The Texas Department of Public Safety or Texas DPS takes these matters very seriously, and at your Texas DPS hearing, you do not want to attempt to defend yourself on your own. In particular, commercial drivers who are responsible for transporting hazardous materials should always have legal representation during this administrative process.
Commercial Driver’s License Requirements by the Texas Department of Transportation
In order to get a CDL and obtain a commercial driver’s license, you must be 18 years of age to operate as a commercial driver in the state. The minimum age is 21 for driving a commercial truck beyond state lines. Getting this type of license requires much more than obtaining a regular driver’s license, which you must also have before you can apply for a CDL.
Among other requirements, truckers are expected to pass a skills test and knowledge test, complete specialized training, and have a clean driving record with no blemishes for reckless driving, excessive speeding, or other moving violations.
When you are free of traffic violations with a CDL and want to renew it, they let you skip the skills tests unless you have a disqualifying event that occurred in the previous two years. DWI is something that would disqualify you, though after one offense, you could face lifetime disqualification of your CDL.
Can You Still Drive a Commercial Vehicle After a DWI Charge?
It is possible to get your CDL even after being convicted of DWI, though it is going to be difficult. You may also face challenges in the trucking industry as trucking companies aren’t exactly eager to have this type of liability. Any accident you may have in the future, even if it wasn’t your fault and you weren’t under the influence, could put the trucking company in danger of being held negligent for hiring someone with DWI on their record.
Keep in mind that even if you get a DWI on your record while behind the wheel of your vehicle, even in this motor vehicle, you can still lose your driving privileges with CDL. You will want to avoid getting a conviction at all costs because it will be on your record forever, even if it’s your first conviction.
The only exception to this is if it is a first conviction for DWI dismissed by a judge. This allows you the opportunity for expungement. Another option is to have it deferred, requiring you to fulfill the requirements of your deferred adjudication to dismiss these charges.
How to Protect Your CDL When Facing DWI
Since there are significant consequences for DWI while driving a commercial motor vehicle, the only guaranteed way to protect yourself and your livelihood is not to drink and drive. Civil penalties, jail time, and severe fines should be enough of a deterrent, though even once you get through these hurdles, you face the possibility of losing your career.
The good news is that a lawyer can help defend you by fighting for dismissal or even seeking an appeal after your conviction. In criminal cases like these, the officer who arrested you must prove that they had reasonable suspicion to make the traffic stop. They also need to prove they have probable cause to make your arrest.
Additionally, both the breath test and the blood test must be conducted according to proper protocols. If they can’t prove that you had actual control of the vehicle or any of these metrics beyond a reasonable doubt, your lawyer will be able to fight for case dismissal or have your conviction overturned.
Before you have that first administrative hearing, it is critical to find law offices that can represent you in these legal situations. The Napier Law Firm provides DWI defense and license restoration assistance for those with CDL licenses. Time is of the essence to get the legal consultation and representation you need to fight your charges. Let us help you protect your CDL and your career by scheduling a free consultation to discuss your DWI.