A commercial DWI conviction will result in suspension of your commercial driver’s license (CDL) for as long as a year. An additional conviction will mean a permanent revocation.
If you face commercial DWI charges in Rockwall, seek legal help. The Law Offices of Randall B. Isenberg provides legal representation to CDL holders facing DWI charges. Contact us today at 214-696-9253 to speak with a commercial DWI lawyer in Rockwall at no charge.
How Can a Commercial DWI Lawyer Help Me?
Commercial DWI charges carry harsh penalties that could lead to a permanent revocation of your CDL.
Although you could try to fight these serious allegations on your own, a commercial DWI lawyer understands how the system works, and how prosecutors go about building a case against you.
Your attorney can protect your rights under the law while working to have your drunk driving charges dropped or reduced.
The legal process for DWI in Rockwall involves both a criminal and a civil component. Although these proceedings take place independent of one another, they both can affect your life and your livelihood. Your lawyer can help you understand the charges pending against you and what a conviction may mean for your future.
After having the opportunity to comb through the prosecutor’s evidence against you, your lawyer can use any potential weaknesses in your case as leverage for negotiating for a reduction or dismissal of your charges.
For CDL holders, the civil aspect of your case, known as the Administrative License Revocation (ALR) hearing, will be instrumental in the disposition of your license. Having a commercial DWI attorney represent you at an ALR hearing is equally as important as it is for the criminal component of your case.
What Are the Commercial DWI Penalties in Rockwall?
The Texas Penal Code details the penalties and fines that apply to all Texas drivers. Drivers who hold a CDL will also face what are known as disqualification penalties.
It is important to note that a commercial DWI applies regardless of whether you were driving your truck or your personal vehicle.
If the police arrested you for DWI while you were driving a personal motor vehicle, having a blood alcohol concentration (BAC) of 0.08 or above carries a Class B misdemeanor charge as long as you have no prior drunk driving convictions. Conviction on a Class B misdemeanor means up to six months behind bars a fine of up to $2,000. This statute applies to all drivers.
You will also face the above DWI charges if your BAC registered 0.04 or above while you were behind the wheel of a commercial vehicle.
Upon conviction for drunk driving, the judge will require you to install an ignition interlock device on your personal vehicle, attend an alcohol safety education course, and perform community service.
But, if you hold a CDL you will also face commercial disqualification penalties, which are significantly harsher than those that apply to non-commercial drivers. Remember, these penalties apply no matter what type of vehicle you were driving at the time of your arrest.
Understanding Rockwall Disqualification Penalties for Commercial DWI
All CDL holders, upon conviction for DWI, face disqualification of their commercial license, as set forth in the Texas Transportation Code (TTC).
If you plead guilty to DWI charges, if the court found you guilty, or if you refused to submit to BAC testing, your automatic disqualification period will be one year. If you happened to be carrying hazardous materials requiring a HAZMAT identification placard at the time of your DWI, the disqualification is automatically three years.
Upon conviction for a second DWI, the TTC requires your permanent disqualification.
How Will Your Commercial DWI Lawyer Fight Your Case?
Upon evaluation of the evidence, your commercial DWI lawyer may identify errors committed by the police or potential problems with the evidence they collected during your arrest.
If the police had no reason to believe you broke the law — but they pulled you over anyway — your attorney may argue that they had no reasonable suspicion for your traffic stop. If the judge agrees, the court may dismiss your charges.
Once the police pulled you over, they had to establish probable cause that your BAC exceeded the statutory limit before placing you under arrest. If the police failed to establish probable cause, the prosecutor may entertain the possibility of reduced charges.
If your chemical BAC testing failed to comply with the standards established by the National Highway Traffic Safety Administration, the court may also disallow your test results. The standards require specific maintenance, testing, and calibration of the breathalyzer equipment as well as formal training and certification for the operator.
Your commercial DWI lawyer can potentially identify other weaknesses in your case during the ALR hearing. During this administrative proceeding, both you and the arresting officer give testimony under oath. Your lawyer has the right to question the police officer at this time, which can bring to light potential problems with the evidence against you.
Your lawyer can then use that information to make a case for dismissing or reducing your charges — or for building a strong defense and taking your case to court.
Schedule a No-Charge Meeting with a Commercial DWI Lawyer in Rockwall
If you rely on a CDL to earn a living, a DWI conviction will leave you no source of income for at least a year — possibly permanently. Even if you do get your commercial license back, few trucking companies will express interest in someone with a DWI conviction.
However, when you enlist the help of a DWI lawyer, you will have an advocate to protect your rights and help you make critical decisions about your future.
In Rockwall, Attorney Randall Isenberg has extensive experience as an attorney, felony prosecutor, and state judge. This insider’s perspective can provide the background and knowledge you need to achieve the best possible outcome in your case.
You can schedule a free meeting with a DWI lawyer in Rockwall today, by calling the Law Offices of Randall B. Isenberg at 214-696-9253.
