If you are facing commercial DWI charges, both your freedom and your career could be in jeopardy. Even a first-offense commercial DWI conviction can result in the loss of your CDL for one year, and a second conviction can cause you to lose it forever, effectively ending your driving career. A commercial DWI lawyer in Frisco, TX can help you move past these charges with minimal damage to your career.
At the Law Offices of Randall B. Isenberg, we fight for the rights of the accused. We believe our clients are innocent until proven guilty and will do everything possible to resolve your case with a favorable outcome. Our founding attorney, Randall Isenberg, spent many years as a prosecutor and district judge, so he understands how the other side works and can anticipate any tactic they might use. For a free, no-risk case evaluation, call us today at 214-696-9253.
Differences Between Commercial and Non-Commercial DWI in Texas
The threshold for commercial DWI in Texas is much lower than for non-commercial DWI. If you are driving a commercial vehicle in Texas, you are considered legally intoxicated if you have a blood alcohol content (BAC) of 0.04 percent or higher. You can also get charged with commercial DWI if you have any quantity of marijuana or another drug in your system.
If you were driving a non-commercial vehicle at the time of your arrest, the BAC standard reverts to 0.08 percent. But regardless of whether your arrest occurred while driving a commercial or non-commercial vehicle, you face professional commercial consequences on top of any legal penalties, and they can be severe.
Penalties for Commercial DWI in Frisco, TX
Texas has strict penalties for DWI, making it imperative that you work with a lawyer who will defend your case aggressively. A DWI conviction in Texas can result in jail time, fines, and the loss of your license. Even after you have served your time and paid your debt to society, your DWI can follow you by remaining as a black mark on your record, preventing you from passing a background check or obtaining affordable car insurance.
For a first-offense DWI , you could face:
- A fine of up to $2,000
- Up to 180 days in jail
- Loss of license for 1 year
- A $2,000 yearly fine for 3 years to reinstate your license
The penalties only get more severe for a second or subsequent DWI conviction. The same is true if your BAC was over 0.15 percent or if you were carrying a minor under 15 in your car.
For a first or subsequent commercial DWI conviction, your sentence may also require you to install an ignition interlock device to regain your driving privileges, perform community service, or attend a DWI or substance abuse educational program.
How a Commercial DWI in Frisco, TX Can Impact Your Career
The Texas Transportation Code sets forth professional consequences for commercial DWI that can impact your career long after you have paid the legal penalties.
For a first-offense DWI conviction, the state disqualifies you from commercial driving — meaning it suspends your CDL — for one year. You also face a one-year disqualification if you refuse to submit to a blood or breath test, even if you are ultimately not convicted of DWI.
If you get convicted of a second DWI, or if you refuse a blood or breath test after a first DWI, the state disqualifies you for life. That means you can never drive for pay in Texas again.
To see how a commercial DWI lawyer in Frisco, TX can help you, contact the Law Offices of Randall B. Isenberg at 214-696-9253.
Defense Strategies for a Commercial DWI in Frisco, TX
Upon meeting with you and evaluating your case and the charges against you, Randall Isenberg and his team will develop a defense strategy to help you avoid a DWI conviction and the legal and professional consequences it entails.
We have several possible tactics we can use to defend your case. Which one we choose depends on a number of factors including the circumstances of your arrest, your criminal history, and the specific nature of the charges.
Lack of Reasonable Suspicion
In Texas, a police officer may not pull you over for DWI without reasonable suspicion that you are under the influence of alcohol or drugs.
We will review the evidence surrounding your arrest and determine if the officer lacked reasonable suspicion to initiate a traffic stop.
Lack of Probable Cause
Even if a police officer has reasonable suspicion to pull you over, they cannot require you to submit to BAC testing without probable cause. Examples of probable cause include red or glassy eyes, slurred speech, and alcohol on your breath. We will search for evidence that the officer did not have probable cause to test your BAC.
Just because you failed a BAC test does not always mean the result is admissible in court. Texas subjects blood and breath testing to strict procedural standards, and if the police officer or anyone else breached these standards along the way, the results of the test are inadmissible in court.
Pleading Down to a Lesser Charge
If the prosecution has unassailable proof of your guilt, we might be able to plead down to a lesser charge, especially if you have no prior DWI arrests or convictions. This lets you escape with lesser legal penalties and potentially avoid having your CDL suspended.
For a Free Commercial DWI Defense Consultation in Frisco, TX, Call the Law Offices of Randall B. Isenberg at 214-696-9253
If you are facing commercial DWI charges in Frisco, TX, Randall Isenberg and his team want to help you move past them with your life and career intact. Let us put our experience on the other side of the bench to work for you. For a free, no-risk consultation, call our office today to discuss the details of your case with a commercial DWI lawyer in Frisco, TX at 214-696-9253.
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