When a CDL holder gets convicted of a DWI in Texas, they lose their CDL license for a year. If there is already a DWI on their driving record, they might lose their CDL for life. Other states look at driving records outside of their state and will likely deny a CDL to a person who lost their CDL in Texas.
A Commercial DWI Lawyer in Duncanville, TX, can help you avoid a conviction that would result in losing your commercial driver’s license (CDL).
How Our Lawyers Can Help Your Case
When you’re facing the life-altering consequences of a DWI, the lawyer you hire may be the most important consideration. We have demonstrated success with previous clients and will fight for similar results in your case. Here are some of the results we’ve been able to achieve in recent months:
- DWI dismissal
- DWI placed on deferred probation
- DWI with .15 BAC reduced to deferred probation
We aim to make a difference in our clients’ lives. Their testimonials demonstrate our success in this area, too:
- “The Isenberg law offices are filled with professionals who take every case and client seriously, as if they’re going up to bat for their own family members. Our family will look only to Isenberg whenever we need a great lawyer.” – Christopher
What You Need to Know About Commercial DWIs in Duncanville, Texas
If you have a CDL, the consequences of getting convicted of a DWI are much greater than for a person with an ordinary Texas driver’s license. There are other differences you need to know about in Texas, for example:
- Any time that you are driving a commercial vehicle in a public place, you can get randomly tested for your blood alcohol concentration (BAC).
- A person with a CDL can get charged with a DWI in Texas even with only half as much alcohol in their bloodstream as a person with an ordinary driver’s license. The usual rule is that you are legally intoxicated in Texas if your BAC is 0.08 or higher. CDL holders are legally intoxicated if their BAC is 0.04 or higher, according to Section 522.081 of the Transportation Code of Texas.
- You do not have to be driving a commercial vehicle to get a DWI and lose your CDL. If you get a DWI in a non-commercial vehicle, like your own car, they can take away your CDL, per the Texas Department of Public Safety (DPS).
As you can see, it is much easier to get charged with a DWI if you have a CDL. With your livelihood at stake, it may be in your best interest to hire commercial DWI lawyers in Duncanville, Texas to help you fight the charges and keep your CDL.
DWI Laws in Texas
Chapter 49 of the Texas Penal Code lays out the DWI laws in our state. You can be found legally intoxicated if you:
- Have a BAC of 0.08 or higher when driving a non-commercial vehicle in a public place or 0.04 or higher when driving a commercial vehicle in a public place; or
- Have any detectable amount of drugs or controlled substances in your bloodstream when driving a commercial vehicle. Note that certain types of prescription drugs are controlled substances. You could get a DWI for having legal medication in your bloodstream.
- Do not have the normal use of your physical or mental capabilities needed to drive safely because of alcohol, drugs, a controlled substance, any other substance, or any combination of those substances. Even if your BAC is under the legal limit, this provision of Texas law could get you convicted of a DWI.
Circumstances that Can Result in Steeper Charges in Your DWI Case
A standard DWI charge in Texas is usually a misdemeanor offense. There are some situations in which the offense can be charged as a felony. For example:
- If the intoxication offense involved an accident that caused someone else to suffer severe physical injuries, the driver could get charged with intoxication assault instead of a standard DWI. Intoxication assault is a third-degree felony. In some circumstances, it could result in enhanced offense charges and penalties.
- If someone dies as the result of what would otherwise be an intoxication assault, the impaired driver could get charged with intoxication manslaughter. Intoxication manslaughter starts as a second-degree felony, but it can get upgraded to an enhanced defense with more severe penalties.
A commercial DWI lawyer in Duncanville, Texas, can go to bat for you whether you are facing a basic DWI charge or some other type of intoxication offense like intoxication assault or manslaughter.
CDL Drivers Face Intense Scrutiny When People Are Hurt
When there is a catastrophic crash that involves a commercial vehicle, law enforcement officials tend to put the commercial driver under the microscope and try to assess blame for the accident. Even if someone else’s negligence caused the collision, if your blood tests come back positive for any trace of drugs or a 0.04 or higher BAC level, you could be facing life-changing criminal charges.
DWI Penalties in Texas
You already know that you could lose your commercial driver’s license for a year for a first-offense DWI and have a lifetime forfeiture for a second or any subsequent DWI. In addition to these, here are the standard penalties for a DWI:
First DWI Conviction:
The judge could sentence a first-time offender to a fine of several thousand dollars, up to 180 days in jail, and loss of a standard Texas driver’s license for up to one year.
Second DWI Conviction:
If this is the defendant’s second DWI offense, the judge could sentence them to between one month and one year in jail. The fine may increase. Also, the defendant could lose their driver’s license for up to two years.
Third DWI Conviction:
If you already have two DWI convictions and you get a third, the fine increases again. Instead of jail, you could get sentenced to prison, where you might have to spend between two and 10 years. The loss of a driver’s license may last for up to two years.
Secure Your Commercial DWI lawyer in Duncanville, TX Today
A commercial DWI conviction could devastate your ability to earn a living, your financial well-being, and your freedom. Our attorneys can fight to reduce or dismiss your charges, so you have the chance at building a positive future. To get started, you can reach out to the Law Offices of Randall B. Isenberg over the phone or through our contact form.
