A commercial DWI case holds different penalties than a typical DWI case. Do not risk your livelihood and your freedom by trying to handle your case alone. A commercial DWI lawyer in Dallas, TX can defend you against commercial DWI charges.
Call the Law Offices of Robert B. Isenberg today: 214-696-9253.
How is a commercial DWI different from a typical DWI?
There are four big ways in which DWI rules are different for commercial drivers in Texas:
The Legal Limit is Different for Commercial Truck Drivers
The legal limit for a passenger car driver is a blood alcohol content (BAC) of 0.08. Under Section 522.081 of the Transportation Code of Texas, a commercial driver is legally intoxicated with a BAC of 0.04 or more, or with the presence, at any level, of controlled substances or drugs while driving a commercial vehicle.
For example, Tom went to the bar and had a few beers before he went out on his route. An officer pulls Tom over for driving erratically and finds he has a BAC of .045. The officer can charge Tom with a DWI. If Tom had been driving his personal vehicle, he would not have received a DWI because he was not over the passenger car legal limit.
Commercial Truck Drivers Will Lose Their CDLs After a DWI
Section 552.081 of the Transportation Code states that a commercial driver will lose his commercial driver’s license for one year for the first conviction of driving with a BAC of 0.04 or more.
A commercial driver who gets two or more commercial DWIs will lose his CDL license for life. This is in addition to regular DWI penalties.
You Can Lose Your CDL after a DWI in Your Personal Vehicle
The statute makes it clear that the one-year CDL disqualification will apply for a DWI conviction for driving under the influence of alcohol or controlled substances while driving ANY motor vehicle, not just while driving a commercial vehicle. Note: Remember, a DWI in a passenger car is at or above 0.08, not 0.04.
Also, if the Texas Department of Public Safety suspends, revokes, or cancels your regular driver’s license, you are disqualified from having a CDL in Texas, under Section 522.089 of the Transportation Code of Texas.
Commercial Drivers Face Enhanced Penalties
If a commercial driver is transporting hazardous materials that require a placard when he gets a DWI, he will lose his CDL for three years instead of one year.
What happens if I refuse chemical testing?
If you refuse to take the chemical (e.g., blood, breath, or urine) test, the state will suspend your CDL for one year.
If you refuse chemical testing while transporting hazardous materials that require a placard, the state will suspend your CDL for three years.
Note: You can refuse field sobriety tests.
Do I also face regular DWI penalties in addition to losing my CDL?
Yes. Losing one’s CDL is a penalty imposed on commercial drivers in addition to regular DWI penalties in Texas. You also face typical DWI penalties, such as:
- Loss of regular driver’s license up to 1 year
- Jail time from 3 to 180 days
- Up to $2,000 fine
- Loss of regular driver’s license up to 2 years
- Jail time from 1 month to 1 year
- Up to $4,000 fine
- Annual fee of either $1,000 or $2,000 for a 3-year period, to reinstate your driving privileges
- Loss of regular driver’s license up to 2 years
- Incarceration for 2 to 10 years
- $10,000 fine
- Annual fee of either $1,000 or $2,000 for a 3-year period, to keep your license
How can a commercial DWI lawyer help me avoid penalties?
With your freedom and your very livelihood at stake, as well as thousands of dollars in fines, annual fees, and increased insurance premiums, you have a great deal at stake. You simply cannot afford to get a DWI if you are a commercial driver.
At the Law Offices of Randall B. Isenberg, we will defend you if you have been charged with a DWI. There are multiple tactics we will use to try to defeat your DWI charge. We will thoroughly investigate the incident which led to your being charged with a DWI. We will explore every reasonable possibility for your defense.
We will look into your DWI and determine whether the testing was sound. If the officer who administered your test did not do so correctly, did not calibrate the breathalyzer correctly, did not maintain the breathalyzer correctly, or did not have the training and certification to calibrate and administer a breathalyzer test, we might able to get the judge to throw the evidence out.
Why should I choose Randall B. Isenberg to help me with my case?
Any DWI lawyer out there should have a sound knowledge of the law, but how many of them can say they have that knowledge and have experience handling cases on both sides of the aisle and from behind the bench?
Randall B. Isenberg can. He has 30 years of experience as a State District Trial Judge and a Senior Chief Felony Prosecutor. He knows how the other side operates and how a judge thinks. He knows how to present your case to get the best possible outcome and help you save your future.
We know how much you have to lose, and we will fight for you. Call us today at 214-696-9253 to set up your free consultation.