Driving while intoxicated (DWI) is a criminal offense in Texas. The consequences you can face will vary depending on what your blood alcohol concentration (BAC) levels were at the time of your arrest, whether another party was injured, and whether you carry a commercial driver’s license (CDL).
If you were charged with a drunk driving offense as a CDL carrier, the penalties you are facing could be harsh. A commercial DWI lawyer in The Colony, TX at the Law Offices of Randall B. Isenberg could help you clear your name and protect your future.
When Can You Be Charged with a Commercial DWI?
When Texas police charge someone with a DWI, they do so based on the blood alcohol concentration threshold. Generally, if a driver has BAC levels of 0.08% or higher, they can be charged with a DWI.
However, if you hold a commercial driver’s license, your BAC levels could be substantially lower, and you could still face DWI charges. According to Texas law, if you hold a commercial driver’s license and your BAC levels are at 0.04% or greater, you may be considered intoxicated and charged with a DWI.
If you carry a CDL, had BAC levels that met or exceed the 0.08% threshold, and had been driving your personal vehicle at the time of the stop, you could still face criminal charges and the loss of your CDL for a minimum of one year.
What Are the Consequences of a Commercial DWI in The Colony, TX?
The consequences you can face if found guilty of a commercial DWI in The Colony, TX can vary depending on many factors. First, you must consider whether you have been charged with a misdemeanor or felony DWI.
Misdemeanors carry far less severe penalties than felonies do. Someone charged with a Class B misdemeanor DWI as a first-time offender may see fines as high as $2,000 and up to 180 days in jail.
The greater your BAC levels, the more likely it is your charges will be bumped up from a misdemeanor to a felony. The greater the number of convictions, the higher your BAC levels, and other aggravating factors could all determine whether you’re charged with a misdemeanor or felony DWI.
Collateral Fallout of a Commercial DWI Conviction
The ways your life will be affected by a commercial DWI conviction could be felt in virtually every way. Examples of collateral consequences associated with commercial DWI convictions include:
- Issues with immigration, citizenship, or deportation
- Child custody or visitation issues
- Suspension or revocation of your commercial driver’s license
- Job loss
- Being denied job opportunities
- Damage to your professional reputation
- Installation of an ignition interlock device (IID) at your own expense
- Requirement that you complete a driver retraining or substance-abuse program
How to Defend Against Commercial DWI Charges in The Colony, TX
When you have been charged with a commercial DWI, your next steps could make all the difference in your ability to move forward with your life. There are some instances where working with the state’s prosecuting attorney may be well-advised. Other times, preparing a powerful defense with a lawyer may be in your best interests. Here is more on these options:
Pretrial Diversion
Pretrial diversion may be available for first-time offenders who commit non-violent acts. You may be able to get the state’s prosecuting attorney to allow you to enter a pretrial diversion program if this is your first DWI offense and no one was injured.
If you meet the terms of the program, the prosecutor will reduce the charges against you or dismiss them altogether. If you do not meet the terms of the program, the prosecutor will move forward with formal commercial DWI charges.
Potential Defenses
If you must defend yourself in court, questioning the lab results, arguing police conducted an unlawful search and seizure, introducing evidence that shows police misconduct, and other defenses may be possible.
Your attorney must carefully scrutinize the evidence obtained in your case to determine how to best approach your defense strategy.
Testimonials and Client Reviews
Here is what some of our former clients had to say about working with our team of criminal defense attorneys at the Law Offices of Randall B. Isenberg:
“Thank you for all your hard work! Best law firm in DFW! Highly recommend!”
~ Renee B
“Randall Isenberg and his team of attorneys really saved my life and marriage. I didn’t feel that I was even “buzzed” when I drove home to Dallas from a birthday party in Texarkana. Nonetheless, the slight smell of alcohol spilled on my shirt was enough for the arresting officer to do a field sobriety test. When it read .09, I was flabbergasted. I had two prior DUIs back in the 90s, and I swore to my wife back then that I’d never drive under the influence again. To make a long story short, Randall was able to prove that the test given to me failed to comply with NHTSA standards. So the evidence was ruled invalid, and I’m happy to be free and living life with my beautiful wife and family. Thank you sir!”
~ Jordan
Let the Law Offices of Randall B. Isenberg Fight for You in Denton County
The impact a conviction for a commercial DWI can have on your life is undeniable. If you hope to avoid the fallout of a guilty verdict but are unsure how to defend yourself, do not hesitate to contact us for a confidential assessment of your case today.
A team member will listen to the facts of your case, inform you of your rights and options, and get your case moving. A Commercial DWI lawyer in The Colony, TX from the Law Offices of Randall B. Isenberg is ready to begin working on your defense strategy.
