Any drunk driving charge in Texas is bad news and can have life-altering consequences. However, the impact is more severe if you have a commercial driver’s license (CDL) and drive for a living. A DUI conviction could cost you your CDL and keep you from working. You could also serve jail time, have to pay fines, and face other penalties. The key to avoiding CDL DUI penalties and a license suspension is to contact a McKinney DUI defense lawyer immediately.
What Is the Legal BAC Limit for CDL Drivers?
Texas law sets the legal blood alcohol content (BAC) for commercial drivers at 0.04 percent. In other words, a commercial driver caught with a BAC of 0.04 percent or higher can automatically lose their CDL. (This law aligns with federal CDL DUI rules.) They may also face standard DUI charges, depending on the evidence against them.
Finally, the law says a driver can lose their CDL if they’re caught with an illegal BAC while driving any vehicle, not just a commercial vehicle. Refusing a chemical blood or breath test after a DUI arrest is also grounds for an automatic CDL suspension. The penalty for either of these offenses is a one-year CDL suspension. The penalties for repeated convictions increase sharply and include a potential lifelong CDL suspension.
Can You Drive a Personal Vehicle After a CDL DUI?
Most likely not. The Texas DUI statute makes it a crime to drive any vehicle while under the influence of an intoxicating substance. So, if the police catch you with a BAC of 0.04 percent or higher (the threshold for a CDL suspension), you’re also likely guilty of a standard DUI. That means you can’t drive a personal or commercial vehicle until you either complete your suspension or refute your charges.
CDL Reinstatement After DUI Suspension
Getting your CDL reinstated after a DUI suspension is a lengthy, complex process. Here are the basic steps involved:
- Serve the Mandatory Suspension Period: For a first offense, the state will suspend your CDL for one year. If you were transporting hazardous materials, the disqualification extends to three years. A second offense usually results in a lifetime disqualification.
- Fulfill All Court-Imposed Requirements: Complete any court-mandated penalties, such as jail time, probation, alcohol education programs, or community service.
- Pay Reinstatement Fees: After serving your suspension, you must pay the required reinstatement fees to the Texas Department of Public Safety (DPS).
- Retake Required CDL Tests: Depending on the circumstances, you may need to retake the knowledge and skills tests for your CDL. Confirm specific requirements with the DPS.
- Reapply for Your CDL: Visit your local driver’s license office to reapply for your CDL. Bring the necessary documents, including proof of identity, U.S. citizenship or lawful presence, Social Security number, and Texas residency.
- Pass the Required “Return to Duty” Alcohol Test: Under federal rules, drivers wanting to return to duty after an alcohol-related CDL suspension must pass an alcohol test. This test must occur under “direct observation,” per federal guidelines.
- No Occupational CDL Available: Texas law does not permit the issuance of an occupational or hardship CDL to operate a commercial vehicle during a disqualification period.
Should You Refuse a Breathalyzer Test After a DUI Stop?
That depends. You can refuse a roadside breath test (also called a preliminary breath test) without legal consequences. However, refusing a test after your arrest will lead the state to suspend your personal driver’s license and CDL. There are other ways to fight a DUI charge, so you’re usually better off taking a post-arrest test.
What To Do If the Police Stop You on Suspicion of Drunk Driving with a CDL
A CDL suspension related to a DUI can leave you out of work for a year or more. It’s vital to avoid doing anything to worsen your situation if the police stop you on suspicion of drunk driving. Here’s what to do to protect yourself:
- Stay polite and don’t volunteer unnecessary information – Be respectful. You don’t have to answer questions about whether you were drinking. Politely say you’d rather not answer. Keep both hands visible on the wheel, wait for the officer’s instructions, and avoid making sudden movements.
- Provide required documents – Hand over your commercial driver’s license, vehicle registration, and proof of insurance. Do this calmly and without arguing.
- Refuse any requested field sobriety tests – These tests are voluntary in Texas. Refusing them doesn’t carry penalties, but the police might arrest you after your refusal.
- Refuse the roadside breath test – This test isn’t mandatory before the police arrest you. You can legally decline it without an automatic license suspension.
- Don’t resist arrest – If the officer decides to arrest you, don’t argue or resist. Stay calm and go with them peacefully.
- Comply with chemical testing after an arrest – Under Texas law, refusing a breath or blood test after an arrest leads to an automatic CDL suspension. You can also lose your personal driver’s license for refusing a post-arrest chemical test.
- Ask for a lawyer immediately – If the police take you into custody, ask to speak with an attorney immediately. Don’t answer any questions until your lawyer arrives.
- Record what you remember later – As soon as possible, write down what happened. The details of your traffic stop and arrest may help your defense in court.
How Our Collin County DUI Defense Attorneys Can Help You
Our Collin County defense attorneys know your career is in jeopardy after a CDL DUI arrest. We’re here to defend your rights and guide you through the legal process. We can review your traffic stop, arrest, and test results to find any legal errors. If officers violated your rights, we’ll fight to get the evidence thrown out. We can also help you challenge any license suspensions through the Administrative License Revocation (ALR) hearing process. Our team will work to protect your driving record and reduce or dismiss the charges if possible.
Your livelihood matters, and we’re here to help you protect it. Call Rosenthal Kalabus & Therrian now at (972) 369-0577 or complete our contact form for a confidential consultation.
