Defending DWI Charges for Commercial Drivers in Galveston

Defending DWI Charges for Commercial Drivers in Galveston

In Texas, drivers with a Commercial Driver’s License (CDL) face stricter penalties than non-commercial drivers if convicted of Driving While Intoxicated (DWI). A conviction can result in the loss of your CDL, job termination, and long-term damage to your professional record. Texas law enforces a lower blood alcohol concentration (BAC) limit for commercial drivers and imposes severe consequences for those accused of driving while intoxicated by alcohol and/or narcotics. As experienced Texas DWI defense attorneys, we understand the seriousness of these cases and the importance of building a strong defense to protect your livelihood.

Under Texas Transportation Code § 522.081, commercial drivers face a BAC limit of 0.04%, which is half the standard limit for non-commercial drivers. Additionally, refusing a chemical test can result in an automatic suspension of a CDL. Defending these cases requires a thorough understanding of Texas DWI laws and the specific regulations governing commercial drivers. We aim to help our clients understand their rights, explore possible defenses, and fight for the best possible outcome in their cases.

Texas DWI Laws For Commercial Drivers

Texas holds commercial drivers to a higher standard due to the potential risks involved in operating large vehicles. Under Texas Transportation Code § 522.081, a CDL holder can be charged with a DWI if their BAC is 0.04% or higher while operating a commercial vehicle.

Texas operates under an implied consent law, meaning that CDL holders automatically agree to chemical testing (breath, blood, or urine) when suspected of DWI. Refusing a test can result in a one-year CDL suspension under Texas Transportation Code § 724.035.

DWI Penalties For Commercial Drivers

The penalties for a DWI conviction for CDL holders are more severe than those for non-commercial drivers:

• First Offense – Up to 180 days in jail, fines up to $2,000, and a one-year CDL disqualification.
• Second Offense – Up to one year in jail, fines up to $4,000, and a lifetime CDL disqualification in some cases.
• Hazardous Materials Endorsement Violations – A conviction involving a hazardous materials load can result in a three-year disqualification under Texas Transportation Code § 522.081.

Potential Defenses Against DWI Charges For Commercial Drivers

Challenging The Traffic Stop 

A DWI defense often starts with challenging the legality of the traffic stop. Law enforcement must have reasonable suspicion to stop a vehicle. If the stop was unlawful, evidence gathered during the stop, including breathalyzer results, could be suppressed.

Questioning BAC Accuracy

Breathalyzers and other chemical tests can produce inaccurate results due to improper calibration, maintenance issues, or operator error. We investigate whether the testing equipment and procedures followed proper protocols under Texas Administrative Code Title 37, Part 1, Chapter 19.

Field Sobriety Test Issues

Standardized field sobriety tests (SFSTs) can be unreliable, especially when used to evaluate commercial drivers who may be fatigued after long driving shifts. These tests are subjective and can be challenged for improper administration or environmental factors.

Medical Conditions And BAC Readings

Certain medical conditions, such as acid reflux or diabetes, can interfere with BAC readings. We work with medical experts to determine if such conditions could have impacted the test results.

Violation Of Implied Consent Protections

If law enforcement fails to properly inform the driver of their rights under Texas’s implied consent laws, the chemical test results may be excluded from evidence.

The Impact Of A DWI On A CDL Holder’s Career

A DWI conviction can have long-term consequences for CDL holders beyond the legal penalties. These include:

• Loss Of Employment – Many trucking companies have zero-tolerance policies for DWI convictions.
• Permanent CDL Disqualification – A second offense can result in a lifetime CDL ban.
• Increased Insurance Costs – A DWI can lead to higher commercial vehicle insurance premiums, making it difficult to secure employment.
• Limited Career Options – CDL holders with DWI convictions may face restrictions in operating certain types of vehicles, such as hazardous material carriers.

Texas CDL DWI Frequently Asked Questions

What Is The Legal BAC Limit For Commercial Drivers In Texas 

The legal BAC limit for CDL holders operating a commercial vehicle in Texas is 0.04%. This is half the standard limit for non-commercial drivers, reflecting the greater responsibility associated with operating larger vehicles.

Can I Lose My CDL For Refusing A Breathalyzer Test?

Yes, under Texas’s implied consent law, refusing a breathalyzer test can lead to a one-year CDL suspension for a first refusal and longer suspensions for subsequent refusals.

What Happens If I Get A DWI In My Personal Vehicle With A CDL?

A DWI conviction while driving a personal vehicle can still impact your CDL. Texas law imposes a one-year CDL suspension for any DWI conviction, regardless of the vehicle type involved.

How Can A Lawyer Help Defend A Commercial DWI Charge?

A lawyer can review the details of your traffic stop, challenge the accuracy of breath and field sobriety tests, and argue procedural violations. An attorney can also negotiate plea deals and work to reduce penalties or seek alternative sentencing options.

Is There A Way To Get My CDL Reinstated After A DWI?

It depends on the circumstances. A first-time DWI offender may be eligible for CDL reinstatement after serving the required suspension period. However, multiple offenses or hazardous material violations can result in permanent disqualification.

What Are My Options If My CDL Is Suspended After A DWI?

You may be able to challenge the suspension through an Administrative License Revocation (ALR) hearing. An attorney can help you request and prepare for this hearing to contest the suspension.

Can I Get A Reduced Charge For A CDL-Related DWI?

Reducing a DWI charge for CDL holders is challenging due to stricter standards. However, a strong defense can result in reduced penalties or dismissal if legal violations are identified in your case.

Do I Need A Lawyer If It’s My First DWI?

Yes, even a first-time DWI can have significant consequences, including CDL suspension, fines, and job loss. An experienced attorney can help protect your rights and seek the best possible outcome.

How Soon Should I Contact A Lawyer After A DWI Arrest?

You should contact a lawyer immediately following your arrest. Taking action as soon as possible can help protect your driving privileges and build a stronger defense, especially when challenging breath tests or requesting an ALR hearing.

What Penalties Do Commercial Drivers Face For A First-Time DWI In Texas?

A first-time DWI conviction for a commercial driver can result in a one-year CDL suspension, up to 180 days in jail, fines reaching $2,000, and the possibility of losing your employment. If the driver was transporting hazardous materials at the time, the suspension can extend to three years under Texas Transportation Code § 522.081.

Can I Continue Working As A Commercial Driver After A DWI Conviction?

A DWI conviction often results in a CDL disqualification for at least one year, making it illegal to operate a commercial vehicle during that time. Some employers may also have policies that terminate drivers following a DWI conviction. Reinstatement may be possible after serving the suspension, but repeat offenses could lead to a lifetime CDL ban.

What Happens If I Refuse A Breathalyzer Test As A CDL Holder?

Refusing a breathalyzer test in Texas can result in an automatic one-year suspension of your CDL under the state’s implied consent law (Texas Transportation Code § 724.035). A second refusal could lead to even longer suspensions or permanent disqualification.

How Does A DWI Affect My Personal Driver’s License?

A DWI conviction can affect both your personal driver’s license and CDL. While your personal license may be suspended for a shorter period, the CDL disqualification is often more severe and longer-lasting due to the higher standards imposed on commercial drivers.

Can I Challenge A CDL Suspension After A DWI Arrest?

Yes, you can request an Administrative License Revocation (ALR) hearing to challenge the suspension. This hearing allows you to contest whether law enforcement had probable cause for the arrest or if the BAC results were accurate. A successful defense could help reinstate your driving privileges.

What If I Was Off-Duty During The DWI Arrest?

A DWI arrest while off-duty can still impact your CDL. Texas law imposes the same one-year CDL suspension for any DWI conviction, whether you were operating a personal vehicle or a commercial truck at the time of the arrest.

Are There Defenses Available For CDL DWI Charges?

Yes, possible defenses may include challenging the legality of the traffic stop, questioning the accuracy of breath or blood test results, improper administration of field sobriety tests, and medical conditions that could affect BAC readings. An attorney can review the details of your case to identify the most effective defense strategy.

How Long Does A DWI Conviction Stay On My Record In Texas?

A DWI conviction stays on your criminal record permanently in Texas. Expungement is not typically available for DWI convictions involving CDL holders. However, certain legal options, such as non-disclosure, may be available under specific conditions for non-commercial drivers.

Can I Apply For A Hardship License After A CDL Suspension?

Texas does not offer hardship or occupational licenses for CDL holders after a DWI suspension. However, you may be able to obtain a restricted license for personal driving purposes under limited circumstances.

Why Is Hiring A DWI Attorney Important For CDL Holders?

Hiring an experienced DWI attorney is crucial because CDL holders face stricter standards and harsher penalties under Texas law. An attorney can help protect your driving privileges, challenge the evidence against you, and work to minimize the long-term impact on your career.

Contact Our Galveston CDL DWI Defense Lawyer For A Free Consultation 

Defending DWI charges for commercial drivers requires a thorough understanding of Texas DWI laws and the unique challenges CDL holders face. At Mark Diaz & Associates, we are committed to defending your rights, protecting your livelihood, and fighting for the best possible outcome in your case. We understand the stakes involved when your career is on the line and will work tirelessly to build a strong defense.

Contact our Galveston CDL DWI defense lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. Our firm represents commercial drivers in Galveston, Houston, and throughout Texas. Let us help you defend your future and your career.