Texas takes instances of drunk driving very seriously. If you are facing driving while intoxicated (DWI) charges and were operating a commercial vehicle at the time of your arrest, your entire future could be in jeopardy. Not only could you potentially lose your commercial driver’s license (CDL), but you could also be looking at hefty fines, jail time, and a stain on your criminal record.
A Mesquite commercial DWI lawyer can implement many measures on your behalf to have the charges against you reduced or dismissed. They can look at the evidence in your case, investigate your situation, and advise you on your legal options. To get started with a free case review, call the Law Offices of Randall B. Isenberg. Our lead attorney and founding partner, Randall B. Isenberg, has over 30 years’ experience as a prosecutor, state district judge, and now as a criminal defense lawyer. He imparts his knowledge of criminal proceedings onto his legal team, which can be used as a part of your defense strategy.
To learn more, call us today at (214) 696-9253.
Texas Law and CDL
When it comes to drunk driving, the Federal Motor Carrier Safety Administration (FMCSA) has specific rules, regulations, and higher standards for drivers with CDLs. You are not allowed to operate a commercial vehicle while under the influence of any mind-altering substance, whether the substance is alcohol or a prescribed medication.
According to the Texas Department of Public Safety (DPS), if you are pulled over on suspicion of drunk driving, and your blood alcohol concentration (BAC) level is .04% or higher, you are legally intoxicated. This is a lower threshold than what is considered for drivers of passenger vehicles, which is a BAC level of .08%.
If you have pending DWI charges against you, consider working with a Mesquite commercial DWI lawyer. They can review the circumstances of your arrest and determine if your rights were violated in any way. Additionally, they can examine the evidence in your case to determine if it was lawfully recovered.
To learn more, reach out to the Law Offices of Randall B. Isenberg today.
Pieces of Evidence in Your Case
Under Texas’s Transportation Code, while you are technically allowed to refuse a blood or breath test, the refusal can be used against you. One of the tasks your Mesquite commercial DWI lawyer will need to undertake is determining whether the evidence against you is legitimate.
Some forms of evidence in your case could include:
- The results of a urine, blood, field sobriety, and/or breath test
- Statements and observations from the arresting officer
- Testimony from eyewitnesses
The evidence in your case may not be enough to convict you based on how it was recovered or its’ results. For example, let’s say that the arresting officer said that you failed a field sobriety test. Your lawyer may argue that your mental state contributed to your erratic behavior or that the nature of the test did not reflect your situation. If the prosecution cannot establish probable cause in your case, then the charges against you may be dismissed.
Penalties for a First-Time DWI Conviction
Right now, you may be worried that the suspension of your CDL will prevent you from continuing your job. Yet, in addition to this penalty, you could be subject to other consequences as well.
According to the Texas Department of Transportation (TxDOT), the penalties for a first-time DWI conviction could include:
- A fine not exceeding $2,000
- Anywhere from three to 180 days in jail
- The suspension of your license for a predetermined period of time
You may also be asked to complete community service or attend an alcohol awareness course. A first-time DWI charge is considered a Class B misdemeanor. Yet, you may be facing additional charges. For example, if a minor under the age of 15 was in the vehicle at the time of your arrest, you could be facing child endangerment charges. If there was an open alcohol container in your vehicle when you were pulled over, your charges could be elevated to a Class A misdemeanor, which involves jail time.
Your entire future could be at stake. If you are facing DWI charges, you should take them seriously. To learn more about your legal options, call the Law Offices of Randall B. Isenberg at (214) 696-9253.
What a Mesquite Commercial DWI Lawyer Can Do For You
You always have the right to represent yourself in a court of law. However, based on the charges against you, you likely do not want to employ any measures that could jeopardize your wellbeing. In addition to the penalties we have listed on this page, you could also be looking at secondary consequences that impair your quality of life.
For example, you could be facing limitations to your ability to apply for housing. Many leasing offices and homeowners conduct background checks on applicants scanning for criminal charges. A conviction on your record could impact your future opportunities.
Some of the tasks your criminal defense team can employ on your behalf includes:
- Examining the evidence against you
- Negotiating for a plea deal that reduces the charges against you
- Launching an investigation to learn more about your case
- Reviewing Texas law and legal precedent as it applies to your situation
- Addressing any questions or concerns you may have
- Protecting your legal rights
A DWI charge is serious and can have a significant impact on your future. You can expect your legal team to carry out services that we may not have included here.
Call the Law Offices of Randall B. Isenberg Today
At the Law Offices of Randall B. Isenberg, we understand the severity of the charges against you. We want to get started formulating a plan for your defense so that you can continue living your life with no interruptions.
Whether you are struggling with DWI charges, a suspended license, or the repercussions of an arrest, we can help you. Call (214) 696-9253 today to get started.