Being arrested for DWI when you have a commercial driver’s license (CDL) is a nightmare scenario. The arrest alone could result in a mandatory one-year suspension of your CDL. That suspension is in addition to any other penalties levied by the judge in your trial if you’re found guilty. A commercial DWI lawyer in Hurst, Texas, with our team can fight the charges and try to minimize the negative impact of a DWI conviction.
The Law Offices of Randall B. Isenberg is a Texas criminal defense law firm that is committed to helping defendants get fair legal representation in the criminal justice system. Our team has extensive experience fighting both standard and commercial DWI cases. We want to help you maintain your ability to work along with your personal and professional reputation. You have the right to contest the charges against you. We help you exercise that right.
How Can a Hurst, Texas Commercial DWI Lawyer With Our Firm Help You?
In our criminal justice system, you’re innocent until proven guilty. That’s why you have the right to fight the charges against you. A commercial DWI attorney from the Law Offices of Randall B. Isenberg will mount a strong defense on your behalf. That defense includes:
- Examining the evidence presented by the state for inaccuracies, inconsistencies, or procedural errors
- Collecting evidence that may refute the prosecution’s claims or create reasonable doubt
- Identifying which laws apply to your case
- Maintaining communication with the prosecution, the courts, and the police
- Representing you in negotiations with the prosecutor to seek reduced penalties in exchange for a lesser charge
- Submitting evidence, cross-examining the prosecution’s witnesses, making opening and closing arguments, and fighting your case at trial (if necessary)
Randall B. Isenberg, who is our firm’s managing partner, has over 30 years of experience in criminal justice. He has proudly served as a Senior Chief Felony Prosecutor and a State District Trial Judge. He was certified in Criminal Defense by the Texas Board of Legal Specialization. His experience on both sides of the aisle has given him valuable insight into how to successfully fight cases and how to effectively defend clients in felony DWI cases.
What Are the Penalties for a Hurst, TX Commercial DWI?
The normal standard for DWI is a blood alcohol concentration (BAC) of 0.08 or more. However, the standard for a commercial DWI is a BAC that exceeds 0.04. A first-time commercial DWI is considered a Class B misdemeanor that may come with the following penalties:
- Minimum imprisonment of no less than 72 but no more than 180 days
- Up to $2,000 in fines
- The 1-year suspension of your CDL
In the case of a second commercial DWI conviction, your CDL will be permanently revoked. These are the kinds of severe consequences our Hurst, Texas, commercial DWI lawyer will seek to mitigate or minimize.
Commercial DWIs and the Texas Department of Public Safety
The suspension of your CDL for one year is among the many potential penalties for a commercial DWI. What most defendants don’t realize, however, is that it’s not the prosecutor or even the trial judge who suspends your driver’s license. It’s the Texas Department of Public Safety (DPS) that suspends your driver’s license after you’re charged with a commercial DWI.
As far as the DPS is concerned, simply having a BAC test that shows you are over the legal limit is grounds to suspend your license for one year. The DPS uses a process known as Administrative License Revocation (ALR) to do this. They will send you a notice of suspension after receiving the results of your BAC. You have 20 days from the date of this notice to request an ALR hearing.
If you don’t request this hearing, your license will be automatically suspended. Our commercial DWI lawyers can request an ALR hearing on your behalf and represent you at that hearing.
Why Are Commercial DWI Penalties So Severe?
As far as the criminal justice system and the (DPS) are concerned, the ability to drive is a privilege, not a right. Holding a CDL affords you even greater privileges because it allows you to drive a vehicle professionally. With those extra privileges comes a higher level of responsibility. Accordingly, Texas law enhances the potential penalties for CDL holders in commercial DWI cases.
Our commercial DWI lawyers understand how important your ability to drive both professionally and personally is for you. That’s why we will fight so hard to beat the charges against you, or at a minimum, help you keep your license so you can preserve your ability to earn a living for yourself and your family. We’ll advocate for your best interests at every stage of this process.
Defenses We Can Create to Keep Your Criminal Record Clean After a Commercial DWI Charge
Our criminal defense lawyer will review the available evidence, build your case to protect your driving privileges, and work to keep you from dealing with high fines and jail time. In doing so, we can create a defense strategy.
Although we will base our approach on the unique circumstances of your case, the strategies we tend to use on commercial DWI cases include:
- The police failed to read your Miranda rights.
- The arresting officer didn’t have probable cause or reasonable suspicion (e.g., swerving, failing yield) when they pulled you over.
- The Breathalyzer results were faulty since the arresting officer didn’t administer the test properly.
- There could have been a failure to maintain the chain of custody, as the Breathalyzer test could have been damaged while the police transferred it to the lab.
Sometimes, we’re able to apply a mix of these tactics to our strategy. Ask your lawyer about your options after they evaluate your case.
See What Former Clients Say About Our DWI Lawyers in Hurst, Texas
No commercial DWI lawyer can guarantee you a result in your case. With that said, the Law Offices of Randall B. Isenberg can guarantee that we will use all our resources, experience, and ability to help you get a result you can live with in your commercial DWI case.
As you can see with these testimonials from past clients, we are more than capable of delivering results in commercial DWI cases. If we take your case, we will keep you updated on the status of your situation and promptly respond to your inquiries. Our goal is to help you retain your license and maintain your professional reputation.
Hire a Hurst, Texas, Commercial DWI Lawyer on Our Team Today
Getting arrested for a commercial DWI is a scary thing. The consequences of being convicted are even scarier. Losing your license means you can’t do the work you’ve trained so hard to do, and we want to help you avoid that. Your arrest is not the end of the world. You have the right to fight the charges, and we want to fight for you.
You don’t have to take on the prosecutor and the DPS by yourself. If you have questions about how to proceed or how we can help after your commercial DWI arrest, we’re happy to talk to you. With your free case evaluation, learn more about how we could fight to keep you on the road.
