If you have a commercial driver’s license (CDL), a DWI conviction can cost you more than your driving privileges; it can take away your livelihood. Texas law is especially strict on CDL holders, and even a first-time offense can lead to suspension, disqualification, and permanent damage to your career.
At the Law Office of David A. Breston, our Houston DWI defense attorneys understand what’s at stake for professional drivers. We help CDL holders fight DWI charges, protect their licenses, and keep their careers on track. Call (713) 224-4040 today for a free consultation to discuss your case.
People with a CDL (Commercial Driver’s License) are also judged by a stricter standard when accused of drinking and driving in most states. If the commercial truck driver holds a commercial driver’s license and is arrested while operating a commercial vehicle, he/she is subject to the same punishments if the tests indicate a blood alcohol concentration of .04 or more, compared to the normal .08 or more that normal license holders are subject to.
Commercial drivers are held to stricter legal standards than non-commercial drivers, and the consequences of a DWI conviction can be career-ending. In addition to the general DWI penalties in Texas, CDL holders face enhanced sanctions that apply even for a first offense:
If your commercial vehicle was transporting any type of hazardous materials, specific DWI penalties apply.
Reinstatement of a CDL lifetime disqualification may be fought for after a minimum of 10 years of disqualification; however, it can be difficult to obtain. Our CDL DWI defense lawyer in Houston will be able to legally support you through this legal process.
The most recent legislation in Houston made changes that could adversely affect holders of CDL licenses. Commercial Driver’s license holders can no longer take Defensive Driving or Deferred Adjudication to clear moving violations from their driver’s records.
What are moving violations? They are any violations such as speeding, running a stop sign, or failing to signal properly. Essentially, for those with a Commercial Driver’s License, a moving violation can lead to higher insurance premiums and negative connotations that may greatly impact a driver’s career.
This means that a minor traffic offense can affect your commercial driver’s license and your cost of commercial vehicle insurance. In more serious cases, like suspicion of impaired driving, understanding your rights during a DWI traffic stop becomes critical, even for a minor infraction. Which is why it’s important to work with a knowledgeable CDL DUI attorney in Houston who understands the unique challenges commercial drivers face and can help protect your livelihood.
A common misconception among professional drivers is that their CDL is safe if they are off the clock and driving a personal vehicle. In Texas, this is not the case. If you are arrested for a DWI while driving your personal vehicle, you will still be disqualified from holding commercial driving privileges.
While the legal BAC limit for a personal vehicle remains 0.08%, any conviction that results in a license suspension for a standard Class C license will automatically disqualify your CDL for at least one year. This means that your conduct on your own time directly affects your ability to earn a paycheck.
Personal Attention24-Hour ResponseExperienced Trial Attorney
Fight Your DWI Charge in Houston Today
Top-rated Houston DWI defense attorney.
A DWI charge can follow you long after the case is over. For CDL holders, even an arrest without a conviction can still lead to job-related consequences that affect your ability to earn a living over time.
A DWI on your record can make it harder to find work with established carriers, especially those that handle hazardous materials or run interstate routes. Many companies have strict policies when it comes to alcohol-related offenses and may let a driver go as soon as they learn about an arrest to protect their own risk exposure.
Insurance companies take a close look at risk, and a DWI can drive up premiums or make it difficult to get coverage at all. If a carrier cannot insure you, they usually cannot keep you on as a driver. On top of that, DWI arrests often show up on your Drive-A-Check (DAC) report, which is commonly used in the hiring process. Even one negative mark can follow you for years and make it tougher to land new opportunities.
Under Texas law and FMCSA regulations, certain violations result in a permanent lifetime disqualification from your CDL. This is often referred to as the two-strike rule. If you are convicted of a second DWI, even if the first one happened decades ago or in another state, the state will permanently revoke your commercial driving privileges. Other lifetime triggers include:
Federal guidelines technically allow drivers to apply for reinstatement after a minimum disqualification period of 10 years, but approval is not guaranteed. It requires extensive documentation, proof of rehabilitation, and a clean driving record during the decade-long waiting period. Because a second offense can permanently end your career, defending the initial charge is the only way to prevent future violations from compounding into a lifetime ban.
When you are arrested for a DWI in Houston, the Administrative License Revocation (ALR) process is separate from the criminal case. You have only 15 days from the date of your arrest to request a hearing to contest your license suspension. If you fail to request this hearing, your license will be automatically suspended on the 40th day after your arrest. For a CDL holder, the ALR hearing is a vital opportunity for your attorney to cross-examine the arresting officer and identify weaknesses in the state’s evidence.
Restoring your commercial driving privileges is a multi-step process that depends on the circumstances of your case. After completing the required disqualification period, you must typically:
A hardship or occupational license in Texas does not allow for the operation of commercial vehicles. While a judge may grant you limited privileges to drive your personal vehicle to work or for essential household duties, these privileges do not extend to your CDL. If your commercial license is disqualified, you cannot legally operate a commercial motor vehicle (CMV) until the disqualification period ends and your full CDL is reinstated.
Houston CDL DWI defense lawyer David A. Breston is known in the Houston area for his aggressive defense of drunk driving and other traffic cases. A graduate of the University of Texas Law School, David A. Breston has saved more than 100 driver’s licenses from being suspended, including many commercial driver licenses.
Remember, in Texas, you only have 15 days to challenge the suspension of your license following a DWI charge and arrest. Contact David A. Breston as soon as possible to:
Contact David A. Breston immediately at (713) 804-6492 to protect your license and your job. Our defense attorneys are standing by to help represent you!