If you have a commercial driver’s license (CDL) or a commercial learner’s permit (CLP), and you are convicted of driving while intoxicated (DWI), the Texas Department of Public Safety (DPS) might temporarily disqualify your license or permit.

DPS disqualifies CDL and CLPs as the result of convictions for certain offenses. For alcohol-related convictions, the penalties are tough. Here’s what you need to know if you have a CDL and get a DWI in Texas.

One-Year Disqualification of CDL

Texas DPS will disqualify your CDL for one year if you refuse a breathalyzer or blood test to check either your blood alcohol concentration (BAC) or whether a controlled substance is present while you were driving your commercial truck in a public place.

Your CDL will also be disqualified for one year if you were operating your motor vehicle in a public place, and your BAC registered at any of the below concentrations:

• 04 or higher (commercial vehicle only)
• 08 or higher (any vehicle)
• 10 or higher (any vehicle)

Three-Year Disqualification of CDL

Texas DPS will disqualify your CDL for three years from transporting hazardous materials if you refuse a breathalyzer or blood test to determine either your BAC or the existence of a controlled substance while you were driving a commercial motor vehicle transporting a hazardous material.

You will also be disqualified for three years from transporting hazardous material if your BAC tests reveal an alcohol concentration of the following levels:

• 04 or higher (commercial vehicle only)
• 08 or higher (any vehicle)
• 10 or higher (any vehicle)

Lifetime Disqualification of CDL

For a second DWI offense, while operating a commercial motor vehicle, your CDL will be disqualified for life.

Note the “Any Vehicle” Offenses

If you carefully read the above offenses, you will see that you do not have to be driving a commercial motor vehicle to have your CDL disqualified for a DWI. If you are convicted of a DWI while driving your own car, you are subject to having your CDL disqualified as indicated above.

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Contesting the Disqualification of Your CDL

You could be eligible to request an Administrative License Revocation (ALR) hearing to contest your CDL disqualification. You need to send the request to DPS within 20 days of your DWI incident. DPS will contact you via mail within 120 days with a hearing date, time, and location. If you miss the 20-day deadline, DPS will not grant you a hearing.

The ALR hearing will take place in a municipal or a justice of peace court in the county where you reside. A hearing officer will decide as to the validity of your disqualification based on facts and evidence you present at the hearing.

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Appealing the ALR Hearing Decision

If your CDL is disqualified at your hearing, you are entitled to appeal the decision. You must file a petition that is file-stamped by a county or district court within 30 days of the date your CDL was disqualified. Make a certified copy of the signed petition and mail it to DPS via certified overnight mail to the following address:

Texas Department of Public Safety
Director of Hearings – ALR Program

P.O. Box 16327

Austin, TX 78761-5327

DPS will temporarily lift the disqualification on your CDL for 90 days after receiving your petition. If the appellate court has not ruled on your matter within this timeframe, your disqualification will be re-implemented.

While you can apply for an occupational license for your private vehicle in connection with work, school, or essential household activities, you cannot operate a commercial motor vehicle with this restricted license.

Other Occasions That Result in Having Your CDL Disqualified

Texas DPS can also disqualify your CDL if you are convicted of specific moving violations in your personal vehicle. The offenses are too numerous to mention here. To give you an idea of the range, here are some examples:

You can have your CDL disqualified for:

• 60 days if you are convicted of two serious traffic violations that occur within a three-year period

• 120 days if you are convicted of two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occurs within a three-year period

A Texas DWI Lawyer Can Help You Fight Your DWI and Protect Your CDL

Texas laws are among the toughest when it comes to DWIs, and Texas courts are among the most rigid when it comes to deciding cases involving DWIs. When it comes to a commercial truck, judges can be particularly wary about going easy on a driver who is operating such a large and potentially deadly vehicle were it to cause a crash due to a DWI.

You will want to seriously consider the idea of hiring a Dallas, Texas DWI lawyer who can protect your rights and help you protect the CDL that provides your livelihood. There are many regulations and laws you must know if you have a CDL and get a DWI in Texas.

The Law Offices of Randall B. Isenberg can fight this fight for you. Randall Isenberg, a former prosecutor, and state district judge, has spent 30 years in courtrooms and knows the ins and outs of presenting a DWI case effectively. Call us today for a case review: 214-696-9253.

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You can represent yourself during your appeal hearing to challenge your administrative license revocation (ALR). You do not technically need a lawyer for a DMV hearing in Texas. However, having a Texas ALR suspended license lawyer on your side can help you build a strong argument and represent you during the hearing. If you get a citation for driving while intoxicated (DWI) or a related charge, you will automatically lose your license unless you challenge the ALR and win at your hearing.

Understanding the Administrative License Revocation

Under Texas law, everyone who receives a citation for DWI, refusal to submit, or another drunk driving-related charge automatically faces an ALR. The Texas Department of Public Safety oversees these revocations.

When the arresting officer takes you into custody, they will confiscate your driver’s license, and you will receive a permit that allows you to drive for the next 40 days or until a decision is made following your hearing.

This revocation is separate from the criminal charges against you. If you do not request a hearing, this revocation will go into effect 40 days after your arrest regardless of your criminal case. You can never face charges or win your criminal case and still have to serve an ALR. You will also face other penalties if convicted, including an additional license suspension.

Fighting a License Suspension

When the arresting officer gives you the temporary permit, known as a Notice of Suspension and Temporary Driving Permit, the paperwork will include the steps you need to take to request an ALR hearing. You only have 15 days following your arrest to request a hearing and challenge the ALR.

Your ALR hearing will be a civil hearing with an administrative law judge presiding. During the hearing, both you and the arresting officer will present evidence and testify about the circumstances and facts of your case. If you have a Texas ALR hearing lawyer on your side, it can make a difference.

Although you do not need a DWI attorney who regularly handles ALR hearings will not only know what to expect, but they can help you build a strong case and represent you during the hearing and throughout the whole process.

We Encourage Our Clients to Challenge the ALR

At the Law Offices of Randall B. Isenberg, we almost always recommend requesting a hearing and challenging an ALR. If you have strong evidence to support your case, you could win your ALR hearing and avoid serving this type of penalty. But you do need a DMV hearing lawyer in Texas to have the best chance of winning.

Even when we cannot stop your ALR in this type of hearing, there are some reasons why challenging the revocation is a good idea, including:

• It may extend the time you have before your revocation goes into effect.
• It allows us to try out our case and see how it works with a judge.
• It gives us a sneak peek of the prosecution’s evidence against you.
• We get to hear how the arresting officer will testify in court.
• We may be able to identify weaknesses in the prosecution’s case that will strengthen our case.

If we represent you during your ALR hearing, we will take notes about what happens, the evidence presented, and how the case against you takes shape. This allows us to tweak your case as needed to make it as strong as possible.

If necessary, our team can help our clients petition for an occupational license. This type of license permits drivers with a license suspension or revocation to continue driving. With an occupational license, you can drive to and from work or school, as well as a limited number of other locations.

Enlist the Help of a Texas DWI Attorney

Attorney Randy Isenberg has more than 30 years of experience representing those facing charges. In addition to being a criminal defense attorney, Isenberg is also a former prosecutor and state district judge. Along with his team at the Law Offices of Randall B. Isenberg, he knows how to navigate the Texas DWI process and fight for the best possible outcome in your case.

While you do not need a lawyer for a DMV hearing in Texas, our team from the Law Offices of Randall B. Isenberg can help you every step of the way after a stressful and serious Texas DWI arrest. This includes explaining your options, challenging your ALR, designing a strong defense strategy, and representing you during criminal proceedings.

Call us today at 214-696-9253 to learn more about how we can help you fight Texas DWI charges, as well as your ALR.

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An Administrative License Revocation (ALR) Hearing in Irving, Texas, is a civil process that takes place after individuals arrested for driving while intoxicated (DWI) refuse or fail a breath or blood test. The purpose of the hearing is to determine whether the offender’s driver’s license will be revoked. An ALR Hearings lawyer in Irving, TX, can help you through this process.

Steps Leading to the ALR Hearing

The process leading up to an ALR Hearing begins when you are pulled over on suspicion of DWI. A timeline of typical steps is included below:

1. When a police officer stops you for suspicion of DWI, they will conduct a set of field sobriety tests. If you do not perform well on these tests, the law enforcement officer will arrest you for DWI.
2. Law enforcement will then measure your BAC by administering either a breath or blood test.
3. If you refuse to take the sobriety test, or you take it and fail (in Irving, Texas, a BAC of 0.08 percent or higher counts as failing), you are served a notice that your driver’s license will be suspended.
4. You have 15 days from the date you received your suspension note to request an ALR Hearing. If you do not request an ALR hearing, your driver’s license suspension goes into effect automatically 40 days after law enforcement served you the notice of suspension.
5. The law enforcement officer will take your driver’s license at the scene of your arrest for DWI and give you a temporary driving permit.
6. Even after your driver’s license suspension has ended, you will not be able to renew or reissue your driver’s license until you have paid a reinstatement fee.

Note that refusing to take the sobriety test will result in your driver’s license being automatically suspended for a period of 90 days to two years for violating Texas’s implied consent law. This will occur regardless of whether you are ultimately convicted of DWI.

Requesting an ALR Hearing

You can contest the suspension of your driver’s license in an ALR Hearing. You are entitled to request the hearing, but you must do so within 15 days of receiving your suspension notice.

If you make this deadline, the Texas Department of Public Safety (DPS) will mail you a letter at the address they have on record for you. This letter will provide all the details for your ALR hearing, including the date, time, and location. DPS can take up to 120 days to schedule your hearing, but your license will remain active until the hearing takes place.

If you miss the 15-day deadline, your request for an ALR hearing will be denied. You will receive notification of this denial by mail.

Inside the ALR Hearing

The State Office of Administrative Hearings will hold your ALR Hearing. Both you (and your lawyer) and DPS will present evidence demonstrating why your driver’s license should or should not be revoked. The Administrative Law Judge (ALJ) will consider all the evidence presented and render their decision.

If the ALJ finds that DPS has proven its case, the ALJ will issue an order to authorize the suspension of your driver’s license. If the ALJ believes that the DPS failed to prove its case, your driver’s license will not be suspended.

The final order will be sent to all parties, but the ALJ’s decision can be appealed.

Applying for an Occupational License

If your driver’s license is revoked or suspended at the ALR Hearing, you may be eligible to apply for an occupational license. This special license, although restricted, allows you to drive a motor vehicle when required for work, school activities, or the execution of essential household duties like buying groceries.

You will need to send a petition to the Justice of the Peace, county or district court where you live, or to the court of original jurisdiction where your DWI took place. The court will decide whether it wants to grant you permission to apply for an occupational driver’s license.

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Seek Legal Help With Your ALR Hearing

Having your driver’s license suspended or revoked is no small matter. The inability to drive yourself to and from work, school, church, or the grocery store can place a serious hamper on your life.

With so much at stake, you might consider seeking help from an Irving, Texas DWI lawyer. Attorney Randall B. Isenberg can represent you in this important matter. His more than 30 years working a courtroom—as a former prosecutor and state district judge—means he has seen from every angle how this process works. He will put this experience to use in defending you and your rights in your Irving DWI.

Let the Law Offices of Randall B. Isenberg walk you through the legalities of your ALR Hearing and any other DWI-related matter. Call 214-696-9253 today for a free case review.

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A wet reckless plea bargain usually occurs as an offer from the prosecution to reduce the charges against you from driving while intoxicated (DWI) to reckless driving in exchange for a guilty plea. Knowing when it is possible and negotiating this type of deal can be difficult, but it is worth it in many cases.

Reckless driving is a misdemeanor charge that comes with significantly fewer penalties than a DWI. Some states have a “wet reckless” charge, essentially a reckless driving with the acknowledgment that you were drinking. In Texas, however, a wet reckless plea bargain simply reduces the charge to reckless driving.

Understanding the Benefits of a Wet Reckless Plea Bargain

Some states ban wet reckless plea deals, and the Texas DWI laws make it difficult to get this type of deal. However, if you can get the prosecution to reduce your DWI charge to a lesser offense – including reckless driving – you will face far fewer penalties.

Texas laws take drunk driving seriously. If convicted of a DWI charge, you could face:

• Significant fines.
• A suspension of your driver’s license.
• Time behind bars.
• Community service, mandatory alcohol classes, and more.

Not only will you avoid jail time and other penalties with a wet reckless plea bargain, but this also will not count as a first DWI offense, if you get convicted later on. This is especially important in Texas, where there is no look-back period for DWI. For example, under the no look-back rule, if you get convicted of DWI now and then get arrested for DWI again 20 years later, your possible penalties would be enhanced because of a DWI conviction you got in college. Texas courts can take your entire criminal record into account.

If you face arrest in 20 years for a DWI, your possible penalties could get enhanced because of a DWI conviction you got in college. Texas courts can take your entire criminal record into account.

A Wet Reckless Plea Bargain Is Often the Most Favorable Outcome

What a favorable outcome looks like after a Texas drunk driving arrest can vary greatly based on the facts of your case. However, when prosecutors have a strong case against you, a wet reckless plea bargain may be one of the best-case scenarios for reducing the consequences you face.

Other options include:

Building a Strong Enough Case to Win in Court

Our team can sometimes uncover evidence of a mistake, such as proving the police officer who stopped you did not have a reason to pull you over. In some cases, challenging the blood or breath tests could also work, as well. We can sometimes build a case around a poorly calibrated breath test machine, an officer who did not follow proper testing protocol, or other related issues.

While it is possible to win a DWI case in court, it is difficult and going to court is expensive – much more expensive than the fines associated with a misdemeanor reckless driving charge. It is also time-consuming, and many people just want to get on with their lives.

Reduced Penalties in Exchange for a Guilty Plea

Another option for a more favorable outcome in some cases is that we may be able to get reduced penalties in exchange for a guilty plea. For example, we may be able to negotiate a reduced fine in exchange for community service or community supervision (probation) instead of jail time.

This type of scenario will put a DWI on your record, however, and you will still likely face more significant penalties than those associated with a reckless driving charge.

Let Attorney Randy Isenberg Consider a Wet Reckless Plea Deal in Your Case

Attorney Randy Isenberg and the rest of the Law Offices of Randall B. Isenberg team can help you fight for a more favorable outcome after your Texas DWI arrest. Randy Isenberg has more than three decades of experience as a drunk driving and criminal defense attorney in Texas. He is also a former prosecutor and state district judge, so he knows how these laws work inside and out.

He can navigate complex laws and situations to aggressively pursue a wet reckless or other plea bargain in your case, if that is the best option based on the circumstances of your arrest. He will review your case and build a defense strategy that offers the best chance at putting this behind you and getting back to your everyday life as soon as possible. For some, that is a wet reckless plea deal.

Talk to a Texas DWI Attorney About Your Arrest and Plea Today

If you face DWI charges in Dallas, Texas, you want an DWI attorney on your side who knows how to fight these charges. Attorney Randy Isenberg and the team from the Law Offices of Randall B. Isenberg can help you understand the possible outcomes of your case, explain your legal options, and help you pursue the most favorable outcome possible.

Call 214-696-9253 today to get started.

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(214) 696-9253