A conviction for DWI can cost you your CDL, preventing you from working in your industry and earning a living. In addition, you will face substantial fines, possible jail time, and the loss of your personal driver’s license as well.
A commercial DWI lawyer in Highland Park can protect your legal rights and negotiate with the prosecutor to get your DWI charges reduced or even dropped. Randall Isenberg has more than 30 years of experience in the criminal justice system in Texas and understands how this experience can affect your life. He and his team will work tirelessly to help you obtain the best possible results in your case.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free case evaluation.
The Potential Consequences of a Commercial DWI Conviction
If you hold a CDL, any drunk driving charge becomes a commercial DWI under Texas state law. Upon conviction for commercial DWI in Highland Park, you will face substantial penalties, the severity of which will depend on the circumstances of your case.
Commercial DWI in a Non-Commercial Vehicle
If you were arrested for DWI while driving a non-commercial vehicle — assuming you have no prior DWIs and that your blood alcohol concentration (BAC) did not exceed 0.15, you will face Class B misdemeanor charges punishable as follows:
- Up to 6 months in jail
- Up to a $2,000 fine
If you have prior drunk driving convictions, if your BAC was greater than 0.15, or if you had any aggravating circumstances connected to your offense, you will face Class A misdemeanor charges, punishable as follows.
- Up to 1 year in jail
- Up to a $4,000 fine
The court may also require you to seek substance abuse counseling, attend alcohol safety awareness courses, and serve probation and/or community service. You will potentially also have to install a deep-lung breath testing device on your vehicles — all at your own cost.
Finally, you will have a permanent criminal record that will likely interfere with your ability to get any commercial trucking work.
Commercial DWI in a Commercial Vehicle
The same penalties apply if you got arrested for drunk driving while operating a commercial vehicle with one critical difference. Your BAC only has to exceed 0.039 to meet the statutory definition of DWI when you are operating a commercial vehicle.
Disqualification Penalties for Commercial DWI
The process for which the Texas Department of Public Safety (TxDPS) suspends or revokes a CDL for drunk driving is known as disqualification. The Texas Transportation Code (TTC) sets forth the specific terms for disqualification.
Whether you were arrested for DWI while driving a commercial or non-commercial vehicle, you will face disqualification even if the prosecution drops the charges or you never get convicted. TxDPS enforces disqualification penalties as follows:
First-Offense DWI One-year CDL disqualification
Second-Offense DWI Permanent CDL disqualification
Refusing BAC Testing One-year CDL disqualification
DWI with Hazardous Materials* Three-year CDL disqualification
*These offenses refer to acts committed specifically while driving a commercial vehicle.
How a Commercial DWI Lawyer Can Help You
When you have a DWI lawyer on your side, you will have a powerful advocate to help you fight to keep your CDL.
Some of the benefits our legal team can provide you with include the following.
- Protecting Your Legal Rights
- From the time of your arrest through the conclusion of your case, we will ensure that the criminal justice system provides you with all the legal rights to which you are entitled.
- Representing You in Court
- Our team will be there to represent you in all matters related to the criminal aspects of your commercial DWI case.
- Representing You at the License Suspension Hearing
- We can also represent you at the hearing that determines the outcome of your CDL suspension.
- Crafting an Aggressive Legal Strategy
- Based on the facts of your case, we will develop a legal strategy that we believe to be the most effective. Our primary goal is always to obtain a dismissal of your case or a reduction in charges so that you do not lose your CDL. However, if we cannot help you achieve that goal, we will build the most robust possible case and take the matter to trial.
License Suspension Hearing for a Commercial DWI
Unless you schedule a hearing with TxDPS, you will have no opportunity to protest your CDL disqualification.
This proceeding, known as the Administrative License Revocation (ALR) process, takes place separately from the criminal aspects of your commercial DWI case. Although ALR has a significant role in any drunk driving case, its importance in a commercial DWI case is substantial.
Our legal team can provide the following services on your behalf, as they relate to the ALR process.
Schedule Your ALR Hearing
From the date of your arrest, you have only 20 days to request your hearing. Otherwise, you lose your right to protest disqualification of your CDL. Unfortunately, the process for scheduling your hearing can be confusing. We will handle scheduling the hearing and confirming the date and time, to ensure you have the chance to challenge your commercial driver’s license suspension.
Prepare You for Testimony
During the hearing, both you and the arresting officer in your case will give testimony under oath. The ALR hearing judge will use this testimony and other available evidence to decide the fate of your license. The prosecutor in your criminal case can also use this information against you in court.
We will prepare you to help ensure that your testimony is as compelling as possible and that you do not make any statements that could harm your commercial DWI case.
Obtain Critical Evidence
You have the right to obtain all relevant evidence in your case, as a part of the ALR hearing. This provides us with an opportunity to glean the strength of the prosecutor’s case. From that, we can develop the most aggressive legal strategies in response.
If the ALR judge does rule to disqualify your CDL, we can appeal that decision across every possible level.
Learn More About How a Highland Park Commercial DWI Lawyer Can Help You
To help you make the most informed decisions possible in your case, the Law Offices of Randall B. Isenberg provides a free consultation and case review for CDL holders facing commercial DWI charges.
With over 30 years of experience as a felony prosecutor, state judge, and criminal defense lawyer, Randall Isenberg has what it takes to get the job done for you.
Contact us to schedule your free consultation today at 214-696-9253.
