If you hold a commercial driver’s license (CDL), driving is how you make your living and/or support your family. You’re also held to an even higher safety standard than other drivers. Being convicted of a DWI may cost you your CDL and the ability to put food on your table. However, being charged with DWI doesn’t mean you’re guilty. A commercial DWI lawyer in Austin, Texas can fight those charges and help save your reputation.
The Law Offices of Randall B. Isenberg is a Texas criminal defense firm that helps people in your situation. We can represent you at every stage of the criminal justice process. More importantly, we can fight the charges against you. Even if you are convicted, we may be able to reduce the charges and keep you on the road. We will review every aspect of your arrest and look for weaknesses in the prosecution’s case.
How Can a Commercial DWI Attorney in Austin Help You?
When you go to trial, the prosecution will represent the people of the state of Texas. It’s their job to convince a jury that you have harmed the state by driving while intoxicated. By contrast, an Austin, Texas commercial DWI lawyer will be representing you and only you. Our function in that role will be to attack the state’s case and create reasonable doubt about your guilt.
Part of that process will include:
- Taking a Critical Look at the State’s Case: We will examine every aspect of the evidence against you. If the officer who pulled you over didn’t have probable cause to do so or your blood alcohol concentration (BAC) test was not properly administered, it could be grounds for reasonable doubt in your case.
- Collecting Evidence that Supports Your Case: We will look for any eyewitnesses or other evidence, such as traffic camera or private surveillance footage, that disproves the state’s case.
- Planning a Cohesive Defense: We will use the evidence we find in your favor with any errors or improper actions by the state (including the arresting officer) to form a cohesive case that counters the charges against you.
- Taking the Lead in Negotiations: In many DWI cases, the charges or penalties can be lowered through negotiations between your commercial DWI lawyer and the prosecutor. We will certainly pursue this avenue for you and handle the negotiations.
- Preparing You and Fighting Your Case at Trial: Pre-trial negotiations with the state don’t always work. If we can’t reach a mutually agreeable deal, we can fight your case at trial. That includes preparing witnesses, presenting oral arguments, and submitting evidence.
CDL Holders Face Stiffer Penalties for a Commercial DWI
For non-CDL-holders, the minimum legal blood alcohol concentration necessary to receive a DWI charge is 0.08. However, Texas law has a different standard for commercial drivers. In your case, a blood alcohol concentration that reaches or exceeds 0.04 can result in a charge of DWI.
In addition to Class B misdemeanor criminal charges for a first-time DUI, you could face other penalties, which include:
- A CDL license suspension of 1 year
- Between 72 hours or up to 180 days in jail
- A fine of up to $2,000
- Permanent revocation of your CDL, if this is your second DWI conviction
Our Austin Commercial DWI Lawyers Have a Track Record of Results
If you’re a CDL holder, the stakes in a DWI case are incredibly high. If you’re convicted, you’ll lose your CDL for a year, even if the DWI occurred while you were in your private vehicle. That’s why it can be so important to choose the right commercial DWI lawyer in Austin. A lawyer who has experience fighting DWI cases and understands the criminal justice system can help shift the odds in your favor.
Randall B. Isenberg, who founded our firm, has experience as both a former state district judge and a prosecutor here in Texas. This has given him valuable insight into how prosecutors build DWI cases, and that experience can be of great benefit to defendants. More importantly, our commercial DWI lawyers have a long track record of winning cases and getting these kinds of charges reduced or dismissed.
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Other Ways a Commercial DWI Attorney Can Help
Criminal trials are not the only area where an Austin commercial DWI lawyer can assist you. You have two different areas of concern when you are charged with a DWI. The first area is your criminal trial, but this only deals with the charges levied by the district attorney. The Texas Department of Public Safety (DPS) also has a say in the matter.
It’s the DPS that suspends your driver’s license, not the courts. They do this through a process known as the Administrative License Revocation (ALR) program. After you fail a BAC test, the DPS will send you a notice that your license has been suspended. You have 20 days from the date of this notice to request an ALR hearing and present a case to convince the DPS why your driver’s license shouldn’t be suspended.
If you don’t specifically request an ALR hearing before the deadline, your driver’s license will be suspended by default, meaning you won’t be able to drive for your job. A commercial DWI attorney from our firm can both request an ALR hearing and represent you at that hearing. You worked hard to get your CDL. We want to help you protect it, along with your ability to work.
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A Commercial DWI Can Complicate Your Life
If you’re convicted of a commercial DWI and regain your license after the mandatory one-year suspension, your troubles may not be over. As someone who has been convicted of this offense, the cost of your insurance will almost certainly increase. Many trucking companies carry insurance policies that prohibit drivers with commercial DWI convictions. Additionally, the policy underwriters may raise the cost of insuring you to such a level that your employer can’t afford to hire you.
A commercial DWI reflects badly on your personal and professional reputation. Rental applications may use criminal background checks and credit checks in the screening process. So, in addition to limiting your employment opportunities, a commercial DWI conviction could hamper your efforts to find housing. Our commercial DWI attorney may be able to limit or mitigate some of these negative consequences by winning your trial or getting the charges reduced.
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Get a Free Consultation With a Commercial DWI Lawyer
If you hold a CDL, driving is your life in more ways than one. You make your living on the road, and that’s impossible if you can’t drive because you were convicted of a commercial DWI. If you’re in this situation, your next moves are critical, and the clock is ticking. The longer you delay, the less likely it is that you can avoid the consequences of a commercial DWI conviction.
We want to help you avoid those consequences or at least minimize their negative effect on your life, reputation, and finances. The Law Offices of Randall B. Isenberg offers free consultations to anyone facing commercial DWI. We can’t help you until you call us. So, please reach out to us as soon as possible. Our commercial DWI lawyers are standing by and ready to fight for your best interests.
Call or text (214) 696-9253 or complete a Free Case Evaluation form