If you hold a commercial driver’s license (CDL), being convicted of driving while intoxicated (DWI) could destroy your career and future opportunities to earn a living. You may also be at risk of more severe DWI penalties than someone with a regular driver’s license. Retaining a criminal defense attorney can help you avoid the implications of a guilty verdict.
A commercial DWI lawyer in Desoto, TX from the Law Offices of Randall B. Isenberg can help. If our firm takes on your defense, we will fight to protect your future and freedom with strong evidence and a strong understanding of state and federal law. To give your case the individualized attention it deserves, we will commit our experience, knowledge, and resources to your defense.
What Is a Commercial DWI in Desoto, TX?
A commercial DWI is similar to a standard DWI but with several important differences. First, a commercial DWI can only be given to someone who carries a commercial driver’s license.
A DWI for regular driver’s license holders can be charged when the individual’s blood alcohol concentration (BAC) levels are .08% or higher; however, anyone with a commercial driver’s license (CDL) who tests at .04% BAC or higher can be charged with a commercial DWI.
Aggravating Factors for CDL Suspension in a Commercial DWI Case
There are many potential consequences if you are found guilty of a DWI in Desoto, TX. For commercial drivers, a primary concern is losing their livelihood–for good reason. If you are charged with a DWI as a commercial driver, you could face:
- The suspension or revocation of your CDL for a minimum of one year if you leave the scene of the accident
- The suspension or revocation of your CDL for a minimum of one year if you refuse to give your consent to a BAC test
- Having your CDL suspended or revoked for a minimum of three years if you were transporting hazardous or toxic materials at the time of your stop
- Having your CDL permanently suspended or revoked if you are convicted of a felony drug crime or convicted of a second DWI
Additional Penalties for a Commercial DWI
Depending on your criminal record, you may find yourself facing time in a Dallas county jail or a Texas state prison in addition to thousands of dollars in fines.
If you are convicted of a DWI while you are traveling in your own vehicle, as a CDL holder, you may face more severe penalties. You may be restricted from working for a minimum of one year while your CDL is under suspension, be ordered to install an ignition interlock device in your own vehicle, complete court-ordered drug or alcohol treatment, and face other collateral consequences.
Ways to Beat the Allegations Against You
The steps you take to clear your name of the commercial DWI charges can heavily impact your final sentencing. If this is your first time being accused of a commercial DWI in Desoto, TX, you may have a better opportunity of avoiding some of the harsher penalties. The prosecuting attorney may be willing to allow you to enter a pretrial diversion program.
Here, if you follow the terms as laid out in the program, the prosecutor will reduce the charges against you to a lesser offense or dismiss them altogether. As a commercial driver’s license holder, getting your charges reduced to an infraction could help you protect your license, career, and reputation.
Common Commercial DWI Defense Strategies
However, if you are not eligible for a DWI pretrial diversion program, you may need to challenge the accusations against you at trial. There are multiple defenses that could be used to defend against commercial DWI charges. Some examples of these defenses could include:
- Prosecutorial misconduct
- Insufficient evidence
- Evidence was unlawfully obtained
- Improper stop
- Lack of probable cause
- Unlawful search and seizure
- Miranda rights or other constitutional rights violations
- Issues with lab testing
- Police or law enforcement misconduct
- Field sobriety test results were inaccurate
- Breathalyzer test results showed a false positive
How The Law Offices of Randall B. Isenberg Can Help
Your Desoto, TX commercial DWI lawyer at the Law Offices of Randall B. Isenberg will fight to protect you from the fallout of a guilty verdict. Our firm will be here to question the accuracy of your BAC or field sobriety test, determine whether there was probable cause for your stop or arrest, or work with the prosecutor to obtain a plea agreement or pretrial diversion program as an alternative to court.
We will be ready to interview witnesses, review arrest reports, and scrutinize every detail of your case to craft your defense. If we go to court, we will introduce compelling evidence before the judge and jury with the goal of producing an acquittal.
Client Testimonials and Reviews for Our Desoto, TX Commercial DWI Lawyers
Check out some recent reviews of our commercial DWI attorneys in Desoto, TX at the Law Offices of Randall B. Isenberg:
“I was in jail for 6 months and I was facing 20 years in prison on three felony charges. I had lost hope and faced years in prison. However, Mr. Isenberg and his team got two of my charges dismissed and on the 3rd one I was placed on probation on deferred probation. I am so thankful for Mr. Isenberg and his team. If anyone is facing years in prison, look no further and call the Law Office Of Randall Isenberg, the best of best! You will not regret it. I am a free man. Thanks to this awesome law firm.”
~ Victor
“The best law firm in Dallas by far. Colleen represented me in my case and was so nice to have her there. She explained the every part of the process clearly and answered every question I had. Thank you so much for all your help!”
~ Richard
Get Help From a Desoto, TX Commercial DWI Lawyer Today
A commercial DWI conviction could follow you for the rest of your life, destroy your reputation, and make it difficult to support yourself and your family. Do not let the fallout of a conviction destroy your life.
Reach out to a commercial DWI lawyer in DeSoto, TX at the Law Offices of Randall B. Isenberg to explore your potential defense options. You can reach us through our confidential contact form or by phone to schedule your initial consultation.