You will lose your commercial driver’s license (CDL), potentially permanently, for a DWI conviction in Allen, TX. If you rely on your CDL for work, this will effectively strip you of your livelihood. In addition, you will face substantial fines and potential jail or prison time. A commercial DWI attorney from the Law Offices of Randall B. Isenberg will fight to have your charges reduced or dismissed in order to protect your CDL and your future. With more than 35 years of experience in the Texas criminal justice system, attorney Randy Isenberg brings a depth of knowledge and insight that helps our legal team get the job done for you.
For a free consultation, contact us now at 214-696-9253.
Commercial DWI Penalties in Allen, TX
Whether you were driving a commercial or personal vehicle at the time of your arrest, any DWI conviction carries the same potential penalties for CDL holders. The only difference is that, when driving a commercial vehicle, the blood alcohol concentration (BAC) threshold for DWI is significantly lower.
- Commercial vehicle: BAC of 0.04 or above
- Non-commercial vehicle: BAC of 0.08 or above
First-Offense Commercial DWI
For your first commercial DWI offense, the prosecutor will likely pursue Class B misdemeanor charges, which carries maximum penalties as follows:
- Six months in jail
- $2,000 fine
- One-year suspension of CDL
Second-Offense Commercial DWI
A second-offense commercial DWI makes you eligible for Class A misdemeanor charges, with maximum penalties of:
- 1 year in jail
- $4,000 fine
- Permanent suspension of CDL
If, at any time, you refuse to submit to chemical testing for BAC, you will also lose your CDL for one year on the first offense. For a first-offense commercial DWI while transporting materials classified as hazardous (placarded), you face a three-year suspension of your CDL.
You will face permanent suspension of your commercial driver’s license if you refuse BAC testing after a prior DWI or if you use your CDL to commit a drug crime or transport undocumented persons.
In addition to these penalties, you also face the possibility of:
- Supervised probation
- Community service
- Court-ordered treatment or counseling
However, the most important result of a commercial DWI conviction is that it will give you a permanent criminal record. So, even if you get your CDL back, you may find it extremely difficult to find work or insurance to cover your commercial driving activities.
Why You Need a Commercial DWI Lawyer on Your Side
With all you have at stake when facing commercial DWI charges, you should not attempt to handle this complex legal issue on your own. When you trust a commercial DWI lawyer in Allen, TX from the Law Offices of Randall B. Isenberg, you will have a compassionate advocate fighting for your future and your right to keep your CDL.
Throughout the legal process, a commercial DWI lawyer in Allen, TX will fight for your rights and work diligently to obtain the best possible outcome on your behalf. Once you select our legal team to handle your case, you can expect the process to proceed as follows:
Investigation & Documentation of Your Case
Our Allen criminal defense lawyer call on our extensive network of resources to investigate all the details of your arrest and processing. We carefully review and analyze the circumstances of your traffic stop, arrest, and chemical testing for BAC. We identify all potential problems, including violations of your legal rights and potential errors made by the police.
We document everything to build the strongest possible case for your defense. We may include information such as:
- Police dashcam video
- Police reports
- Chemical BAC testing results
- Maintenance, inspection, and calibration records and reports for breathalyzer equipment
- Chemical testing lab history and certification
- Chemical testing technician history and certification
Negotiating With the Prosecutor
Our primary goal is to get your commercial DWI charges dismissed or reduced. To accomplish this, we use any problems or weaknesses with your case as leverage while negotiating with the prosecutor. If we can demonstrate any factor that would introduce reasonable doubt of your guilt in court, the prosecutor may agree to an acceptable resolution.
Handling Your Driver’s License Suspension Hearing
In addition to handling all aspects of your criminal case, our legal team will represent you in all aspects of your license suspension hearing. This includes scheduling your hearing, obtaining evidence, subpoenaing witnesses, and preparing you to testify. Our legal team will make the strongest possible case against license suspension and, if necessary, appeal any unfavorable decision.
We understand how fearful you may be of losing your CDL and, with it, your ability to work and earn a living. Our legal team will do everything possible to identify the most effective legal defense strategies for your case and fight tirelessly for your future.
Potential Legal Defense Strategies for Commercial DWI in Allen, TX
Although you may believe that the evidence against you is overwhelming, a commercial DWI lawyer in Allen, TX has a variety of legal defense strategies we can use to fight your commercial DWI charges. These include:
Lack of reasonable suspicion – If the police failed to establish reasonable suspicion that you broke the law, it may invalidate your arrest.
Lack of probable cause – If the police failed to establish probable cause for your alleged intoxication, it may invalidate your arrest. This includes any errors made while administering field sobriety tests or roadside breathalyzer testing.
BAC testing errors – If the technician administering breathalyzer testing did not follow established procedures, or if the police failed to maintain and calibrate the testing equipment properly, it could cause unreliable results. Likewise, any mistakes made during the blood testing procedure could invalidate BAC testing results.
False-positive BAC results – if you take certain medications, use certain oral hygiene products, or consume certain foods or beverages, it can lead to false-positive breathalyzer testing results.
The prosecutor must meet a high burden of proof to obtain a commercial DWI conviction. We will identify legal strategies based on the facts and evidence in your case and use this information to introduce reasonable doubt of your guilt.
Free Commercial DWI Consultation
In addition to his time as a criminal defense lawyer, attorney Randy Isenberg has also served as both a state court judge and felony prosecutor. This unique insight and perspective allow our legal team to develop innovative strategies for your defense.
Before you make any decisions about your case, take advantage of the no-cost, no-obligation consultation and case review we offer for commercial DWI cases in Allen, TX.
Call us at 214-696-9253 now to get started.
