If you hold a Commercial Driver’s License (CDL), a Driving While Intoxicated (DWI) conviction will not only disrupt your personal life, but it can also strip away your ability to earn a living.
Upon your first drunk driving conviction, you may lose your commercial license for a full year. Get a second DWI, and you might lose your CDL for good. Also, you will face significant monetary fines and the possibility of jail time.
The Law Offices of Randall B. Isenberg understands how badly a drunk driving conviction could affect your life and your job. With more than three decades of experience in the Texas criminal justice system, criminal defense attorney Randall B. Isenberg knows how to build a compelling case in your defense.
We offer a free consultation to answer your questions. Call 214-696-9253 to set up a consultation with a commercial DWI lawyer in McKinney.
How Will a Commercial DWI Conviction Affect Your Life?
Upon conviction for a commercial DWI, the severity of the penalties you will face depends on the circumstances of your arrest. If your arrest occurred while you were driving a personal (non-commercial) vehicle, you would face a class B misdemeanor charge, punishable by up to six months in jail and a $2,000 fine – assuming your blood alcohol concentration (BAC) tested between 0.08 and 0.149.
If your BAC tested at 0.15 or above, you will face a class A misdemeanor, punishable by a $4,000 fine and up to one year in jail. You must also attend an alcohol safety awareness course.
Also, the judge may impose the following restrictions:
- Supervised probation
- Community service
- Substance abuse counseling
- Installation of a mechanical interlock device on your vehicles
If your arrest occurred while you were driving a commercial vehicle, you would face the same charges and penalties. However, you qualify for commercial DWI arrest if your BAC tested at 0.04 or above, as compared to the 0.08 standard for driving a non-commercial vehicle.
No matter what type of vehicle you drove while under the influence, you will also face disqualification penalties if you hold a CDL. Likewise, you will encounter disqualification if you had any detectable level of illegal drugs or controlled substances in your system.
How Will Commercial DWI Disqualification Penalties Affect You?
In McKinney, a suspension of a commercial driver’s license is known as disqualification.
The Texas Transportation Code (TTC) defines the concept of disqualification as the suspension of a CDL, in essence disqualifying you from driving a commercial vehicle for the term of your punishment.
Upon a first offense commercial DWI conviction, you will lose your license for one year. If you refuse to submit to Blood Alcohol Content (BAC) testing, you will also face a one-year disqualification. If you had hazardous materials onboard your commercial vehicle, you would face a three-year disqualification.
Upon a second offense commercial DWI conviction, you will face permanent disqualification. You will also meet permanent disqualification if you committed a felony drug offense in a commercial vehicle or if you transported unregistered immigrants.
Finally, if you refuse chemical testing for BAC after you have one DWI conviction, you will face a permanent disqualification of your CDL.
Like a non-commercial DWI offense, the formal decision on your CDL disqualification comes from the Administrative License Revocation (ALR) proceedings.
Does a Commercial DWI Require an ALR Hearing?
Whenever you face DWI charges, you must request an ALR hearing, also called the DMV or suspended license hearing, if you wish to argue the suspension of your driver’s license.
Separate from the criminal aspect of your case, ALR is an administrative (civil) proceeding overseen by an administrative law judge. During the hearing, you and the arresting officer in your case offer sworn testimony about your arrest. Using this testimony to determine the merits of the case, the judge rules on whether (and for how long) to disqualify your commercial driver’s license.
This hearing has further bearing on your case in two critical ways.
First, the criminal prosecutor can use any testimony given during the ALR hearing against you in your criminal DWI case. Consequently, having legal representation for this proceeding is a significant way to protect you from making self-incriminating statements.
This hearing also provides your legal team with crucial insights into the strength of the prosecution’s case and helps inform the building of your criminal defense case.
McKinney Commercial DWI Lawyer Near Me (214) 696-9253
How Will Your Commercial DWI Lawyer Help You?
If you want to fight for your right to keep your CDL and your job, talk to a commercial DWI lawyer in McKinney about your options.
At the Law Offices of Randall B. Isenberg, we understand how frightening and confusing this process can be, and we are committed to working tirelessly on your behalf, to protect your commercial driver’s license and your right to earn a living. One mistake doesn’t have to change your life: 214-696-9253.
Our legal team will begin by carefully analyzing the evidence in your case. We will look primarily for any errors made by the police and any potential violations of your legal rights. We can use this information as leverage for negotiating with the prosecutor to get your charges reduced or even dismissed.
We will answer all your questions and help you explore all your options. We will protect your legal rights and represent you for both the ALR hearing and the criminal proceedings.
We will establish our legal strategies based on the evidence and facts of your case. Some of the most common criminal defense strategies for a commercial DWI case include arguing that the police did not have reasonable suspicion to pull you over or that they lacked probable cause to arrest you and subject you to chemical testing for BAC.
Throughout the process, we will be there for you, helping you achieve the best possible outcome in your case and helping you make the best possible choices for your future.
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Talk to a Commercial DWI Lawyer in McKinney Today at No Cost
The Law Offices of Randall B. Isenberg offer a free consultation and case review for commercial DWI defense clients in McKinney. We will take the time to listen and answer your questions so that you can make informed decisions regarding your case.
Mr. Isenberg has worked as both a state district court judge and a chief felony prosecutor, in addition to his work as a criminal defense attorney and he gets case results. This unique and extensive background offers unique insight as to how the prosecutor will build a case against you.
Contact us today at 214-696-9253 to learn more or to schedule your complimentary consultation.