Richardson Commercial DWI Attorneys

For truck drivers, bus operators, delivery drivers, or other drivers of commercial vehicles, a commercial driver's license (CDL) is more than a card they keep in their wallet. It is the key to a regular paycheck. When a CDL holder is arrested for driving while intoxicated (DWI), the consequences can reach far beyond a fine or a few days in jail. A conviction can end a person's career as a commercial driver, even if the arrest happened when they were driving their personal vehicle.

At Texas Defense Firm, our attorneys understand what is at stake in a DWI case when a person's livelihood depends on their ability to drive. We know how Texas laws and federal regulations affect commercial drivers in DWI cases, and we can provide guidance on the best steps a person can take to keep their record clean.

Why Commercial Drivers Draw Extra Attention

U.S. Highway 75 and the President George Bush Turnpike pass through Richardson. These are two corridors that see a great deal of heavy freight traffic every day. Tractor-trailers, box trucks, and passenger buses share these roads with commuters. Police officers will watch large vehicles closely because a crash involving an 80,000-pound truck can be catastrophic.

Commercial drivers may be stopped or tested for reasons that would rarely apply to other motorists. Officers often conduct roadside inspections of commercial vehicles, and these inspections can turn into DWI investigations if an officer smells alcohol or notices an open container in the cab. Drug and alcohol testing may also be performed after certain types of accidents.

Stricter Standards for CDL Holders

Most drivers in Texas are considered to be legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent. For a person operating a commercial motor vehicle, the threshold for DWI is lower. When driving a commercial vehicle, a BAC of 0.04 percent can lead to DWI charges, even if the driver would not be considered to be intoxicated when driving a passenger car.

A CDL holder may assume that their commercial license will not be affected if they are arrested for DWI while driving their own car. That is not true. A DWI conviction in any motor vehicle is considered to be a disqualifying offense for a CDL holder. Refusing a breath or blood test after a DWI arrest in a personal vehicle can also lead to the disqualification of a person's CDL.

How a DWI Conviction Affects a CDL

The penalties a commercial driver may face when charged with DWI go beyond any criminal sentence. A CDL holder may face penalties to their CDL that may include:

• One-Year Disqualification: A first DWI conviction or a first test refusal will generally result in a one-year loss of a person's commercial driving privileges.
• Three-Year Disqualification: If a driver was hauling hazardous materials when they were arrested for DWI, the disqualification period will extend to three years.
• Lifetime Disqualification: A second DWI conviction or test refusal will result in a lifetime ban. In some cases, drivers may be able to seek a CDL reinstatement after 10 years.

Fewer Options for Reducing DWI Charges

Commercial drivers may not have access to some of the tools that may be available to other people who have been charged with DWI. Federal "anti-masking" rules prevent states from hiding or deferring DWI convictions for CDL holders. Because of this, deferred adjudication is not available to commercial license holders in DWI cases. An occupational driver's license that a person receives after a DWI license suspension may let them drive their personal car to work, but it will not authorize them to operate a commercial vehicle.

How Our Attorneys Can Help Commercial Drivers in DWI Cases

Because a DWI conviction carries such severe consequences for a commercial driver, a strong defense will often focus on avoiding the conviction entirely. Our attorneys will examine whether a traffic stop or inspection was lawful, whether blood or breath tests followed the proper procedures, and whether the evidence truly shows that a person was impaired by alcohol or drugs while driving. We can request a hearing to contest an administrative suspension of a person's license, and we will look for opportunities to reduce a DWI charge to a non-disqualifying offense whenever possible.

For example, a commercial driver may be stopped for a lane violation after leaving a restaurant in his own personal vehicle. A breath test performed after he is arrested for DWI shows that he had a BAC of 0.07 percent. While this is below the 0.08 legal limit, he is charged with DWI based on an officer's observations during field sobriety tests. Our lawyers can look at whether the traffic stop was justified, whether field sobriety tests were administered incorrectly, and other factors. By challenging the evidence in the case, we can fight to prevent a DWI conviction that could result in the loss of the person's CDL.

Contact Our Richardson, Texas Commercial DWI Lawyers

Commercial drivers may face harsh penalties after being arrested for DWI. With so much on the line, the steps taken after an arrest can be crucial for protecting a person's livelihood. The lawyers at Texas Defense Firm can provide the representation needed in these cases to help a person avoid a conviction. Reach out to our Richardson, TX commercial driver DWI defense attorneys at 972-369-0577 to schedule a free consultation.