Texas is tough on people who get caught driving while intoxicated, especially on those who have a commercial driver’s license (CDL). In addition to all the standard penalties Texas can impose on a person convicted of a DWI in Houston, a person with a CDL could lose their livelihood. The potential loss of income from a DWI conviction is significant; invest in a Houston DWI lawyer to help you with this case.
If at all possible, you will want to avoid the conviction by fighting the charges or negotiating with the prosecutor. A Houston CDL DWI lawyer can inform you of your legal options and fight tooth and nail for your future. At Blass Law, we fight tirelessly for each of our clients to help achieve the best possible outcome in their DWI case.
Our Houston CDL DWI Attorney Explains Laws That Commercial Drivers Need to Know
Stated in Texas Transportation Code Chapter 522 are the rules that apply to holders of commercial driver’s licenses (CDLs). Here are some of the provisions that apply to DWIs and CDL holders:
- An employer is prohibited from letting a person drive commercially for them when their driver’s license is suspended.
- You have to notify your boss of the DWI conviction within days of the guilty verdict.
- A DWI will disqualify you from driving a commercial motor vehicle.
- Refusal to submit to BAC breath or blood testing will disqualify you from driving a commercial vehicle.
- The legal limit for a driver with a CDL is much lower than for a passenger driver.
- You have to wait at least 10 years to apply for reinstatement of your CDL if you are disqualified for life from driving a commercial vehicle.
The rules are much more stringent on commercial drivers than on people who do not operate commercial vehicles. For this reason, commercial drivers often lose their jobs when they get convicted of a DWI. Consult with a Houston criminal defense lawyer if you are facing charges.
What is the Implied Consent Law?
Per Transportation Code Chapter 724, when getting their license, all drivers in Texas agree to submit to blood alcohol concentration (BAC) testing if they are pulled over for driving while intoxicated or another offense under Texas Penal Code Chapter 49 (e.g., boating while intoxicated, flying while intoxicated, DWI with a child passenger).
Implied consent applies to both blood and breath tests.
If you refuse to submit to a breath or blood test after you have been pulled over for DWI, your license will be suspended.
Restrictions on Drivers With CDLs
One of the biggest restrictions on a driver with a CDL is the legal limit. Per Texas law, the legal limit for a CDL driver is 0.04, half the standard legal limit for all other drivers.
If a commercial driver is pulled over in their truck and blows a 0.04 or higher, they can face a DWI charge.
Another important thing to note is that if a driver with a CDL is charged with DWI (above 0.08) in their personal vehicle, they may still lose their CDL.
You may be able to get your CDL reinstated after a lifetime ban in some circumstances.
Penalties for a DWI in Houston
According to the Texas Department of Transportation, in addition to the consequences listed above, a CDL holder convicted of a DWI in Houston can face these penalties as well:
First-Time DWI Conviction
A first-time DWI conviction in Texas can result in up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension for up to one year.
Second DWI Offense
If you already have a DWI conviction on your criminal record, your second offense could cause you to lose your driver’s license for up to two years. You could have to spend one month to one year in jail and pay a fine of as much as $4,000.
Third and Subsequent DWI Conviction
A third or subsequent conviction for DWI in Texas can cost you up to $10,000 in fines. You could lose your driver’s license for a maximum of two years and spend between 2 and 10 years in prison.
Let our Houston CDL DWI attorney fight to get your charges dismissed or reduced or mitigate the penalties against you.
The Effect of a DWI on Your Ability to Work
A DWI charge or conviction can negatively affect any professional, regardless of their industry. However, commercial drivers could lose their ability to work entirely.
If you are arrested for DWI and you have a CDL, you face the following CDL revocation penalties:
- If you are pulled over for intoxicated driving, you face a one-year CDL revocation for your first offense. (This is true even if you were driving your personal vehicle. If you blow a 0.04 behind the wheel of your truck or a 0.08 behind the wheel of your personal vehicle, you’ll lose your CDL for a year.)
- If you are pulled over for intoxicated driving and you are transporting hazardous materials required to be placarded, you face a three-year CDL revocation for your first offense.
- If you are pulled over a second time for intoxicated driving, you face a lifetime revocation of your CDL.
You have to wait at least 10 years to apply for reinstatement of your CDL if you are disqualified for life from driving a commercial vehicle. To be eligible for reinstatement, you must have voluntarily entered into and completed a program approved by the Texas Department of Public Safety.
However, even if you get your CDL reinstated, many trucking companies won’t want to hire a driver with a history of drunk driving. This is why it is best to get your charges dismissed or receive an acquittal at trial.
How Our CDL DWI Attorney in Houston Can Challenge Your Charges
With your livelihood at stake, it makes sense to build the best defense against your DWI charges, particularly if you hold a CDL. A Houston CDL DWI lawyer from our firm can challenge the charges against you:
- In Texas, a DWI conviction requires a finding that you were driving a vehicle in a public place while intoxicated. One defense might be that you were not the driver. You could also explain that while you did have a BAC of 0.04 or above, you were not driving or intending to drive. Ways we could prove this include showing that your keys were not in the ignition or that you were in the sleeper berth of your truck.
- Because one element of a DWI offense is that the incident occurred in a public place, you might be able to challenge the location as being private rather than public.
- There are multiple aspects to being charged with intoxication that can be debated. For example, the testing equipment might be faulty, or you might have a medical condition that gives a false reading. For example, Jay handled a case in which a man on the Keto diet tested well above the legal limit but was not drunk. He determined that the man blew above the legal limit because his body was in ketosis. This condition occurs when your body burns fat instead of glucose for energy. It can also lead to a false-positive Breathalyzer test. Jay got the case dismissed.
- If law enforcement obtained any of the evidence improperly, you might be able to keep it from being used against you at trial by filing and winning a motion to suppress. For example, if the police didn’t establish probable cause or reasonable suspicion, any evidence gathered could be inadmissible.
- If law enforcement administered any of the field sobriety tests incorrectly, we can use that against your charges. Jay is a certified field sobriety test practitioner and instructor. He knows how law enforcement officers can mess up these tests and can exploit these mistakes in your case.
- Breathalyzers often give false results due to improper use, improper calibration, or improper maintenance. We can establish that law enforcement failed to properly calibrate the Breathalyzer before testing you. We can also look into the maintenance logs for the Breathalyzer to establish it had not been properly maintained.
- In many cases, people are tested on scene and blow a certain number but then blow a much higher number when they get to the police station. If the initial roadside result is lower than 0.04, we can establish that you were not, in fact, intoxicated when you were pulled over, just when you got to the station.
- We can also argue that the results are inadmissible. For example, many officers use a handheld Breathalyzer test at the scene. However, only results from the Intoxilyzer 9000 are admissible in court. If law enforcement doesn’t have blood test results or results from the Intoxilyzer 9000, they may not have a case against you.
A Houston CDL DWI lawyer will be able to inform you of your legal options and work with you for the best possible outcome in your DWI case.
Why You Want Our Houston CDL DWI Lawyer on Your Side
Your livelihood is on the line. In the luckiest of cases, you won’t lose your license and are still able to put food on the table. In others, you lose your CDL for a year, three years, or life and can’t make ends meet. You don’t want to trust your CDL DWI case to an inexperienced lawyer who doesn’t know the best way to approach your case.
You want Jay. Jay Blass Cohen has been representing people in and around Houston since 2009, fighting for their freedom and future and Keeping Innocent People Innocent. He is a certified ACS-CHAL forensic lawyer-scientist who has the knowledge, experience, and insight to fight—and win—for you. He is also a certified practitioner and instructor for field sobriety tests.
He has used this knowledge to get countless DWI cases reduced, dismissed, or acquitted over the past 15+ years. One case we handled:
- Our client, a commercial driver involved in an accident, failed all field sobriety tests at the scene and the station. We got a “not guilty” verdict in a Harris County jury trial.
Getting Your CDL License After a DWI Conviction
You will have to wait until your driver’s license suspension ends and then seek your CDL again. For many people with a CDL, driving is their livelihood. You will have to find some other way to make a living while your driver’s license is suspended. If you get caught driving while your CDL is suspended, you could face a $500 fine and a separate misdemeanor charge.
It will likely be challenging to find another driving job, even if you get your CDL back after a DWI, since insurance companies often refuse to cover commercial drivers when they have gotten a DWI conviction recently. Of course, you will not be able to drive without appropriate insurance.
You might also have to wait an additional period before a company will give you a job after you get your CDL restored. This requirement can tack on an additional two or three years that you will not be able to make a living from driving a truck or another commercial vehicle.
Many people are unable to shift gears into another profession for several years to replace their income. Most likely, your best option is to try to avoid the DWI conviction by fighting the charges with a lawyer.
Get Help from a Houston CDL DWI Lawyer at Blass Law Today
At Blass Law, we fight tirelessly for our clients. If you have been charged with a DWI in Houston, we’re here to help you understand the legal process and discuss your options to protect your record. Don’t delay; contact Blass Law today to get started on your confidential case evaluation. Our Houston CDL DWI attorney is ready to protect your freedom and future.