A drunk driving conviction will cost you your commercial driver’s license and potentially prevent you from earning a living as a truck driver. You will also have to pay a large fine and potentially even spend time in jail. A commercial DWI lawyer in University Park can help you fight the charges and keep your livelihood.
DWI attorney Randall Isenberg has more than 35 years of experience, as a judge, felony prosecutor, and criminal defense attorney. When you work with the Law Offices of Randall B. Isenberg, we will put this knowledge to work for you.
Call 214-696-9253 for a free consultation.
Penalties for a Commercial DWI in University Park
The penalties you face for commercial drunk driving depend on whether you were driving a commercial or personal vehicle at the time of arrest.
Commercial DWI While Driving a Personal Vehicle
For a first-time commercial DWI, you will face class B misdemeanor charges if you were driving a personal vehicle at the time of arrest with a blood alcohol concentration (BAC) of 0.08 or above. A class B misdemeanor is punishable as follows:
- Up to 6 months in jail
- Up to $2,000 in fines
If you had a BAC of 0.15 or above at the time of arrest, or if you had any aggravating circumstances such as an open container or a passenger age 14 or under, you will face class A misdemeanor charges. A class A misdemeanor is punishable by:
- Up to 1 year in jail
- Up to $4,000 in fines
In addition to the fine and possible jail time, you must attend a mandatory alcohol safety class. The court may also order probation, community service, and substance abuse treatment or counseling.
Commercial DWI While Driving a Commercial Vehicle
If you were driving a commercial vehicle at the time of your arrest, you will face the same penalties noted above. However, you only need a BAC of 0.04 or above to meet the statutory definition of commercial DWI.
In both cases, you face the loss of your commercial driver’s license, even if you do not ultimately get convicted on the criminal charges.
The CDL Suspension Process for Commercial DWI
The suspension of a CDL, known as disqualification, renders you unable to legally drive a commercial vehicle for the duration of the penalty.
Your first commercial drunk driving offense carries a 1-year suspension of your CDL. You face the same suspension if you refuse to submit to a BAC test.
If you get a DWI while transporting hazardous materials, you will lose your CDL for 3 years.
Your second commercial DWI carries permanent disqualification. You will also lose your CDL permanently if you refuse BAC testing after a first DWI conviction.
Even if you do get your CDL back, you will likely have trouble finding work in the commercial trucking industry, due to the liability and difficulty finding insurance to cover a driver convicted for drunk driving.
The Commercial DWI ALR Hearing for License Suspension
When the police arrest you for drunk driving, it triggers a process known as Administrative License Revocation (ALR). ALR is the process through which the Texas Department of Public Safety (TxDPS) revokes your CDL.
This process takes place separately from the criminal portion of your case and it is also the only chance you have to argue against revocation. Consequently, it is just as important as your commercial DWI court case.
And, although ALR proceeds separately from the criminal charges, it has to potential to affect your criminal case significantly. More important, it is your only chance to make a case for keeping your commercial driver’s license.
The Benefits of Working With a Commercial DWI Lawyer
When you trust the Law Offices of Randall B. Isenberg to represent you for a commercial DWI, we will protect your legal rights and work diligently to protect your CDL.
Our services to you include:
Investigating Your Case
We carefully investigate and analyze your case, in search of violations of your legal rights and potential errors made by the police. We can use any problems or weaknesses to negotiate with the prosecutor to have your charges dismissed or reduced. We will obtain information and evidence that may include:
- Arrest report
- Police dashboard camera footage
- BAC testing reports
- Breathalyzer maintenance records
- Chemical testing technician certification
- Blood testing lab certification
Representing You at the ALR Hearing
We will schedule your hearing and obtain the evidence that the TxDPS lawyers will use against you. This provides important insight into how the prosecution will structure their case against you. We will subpoena witnesses, including the arresting officer in your case, and question them under oath.
This may provide even more insight to help us with your criminal case. More important, we will make the strongest possible case for you to keep your license. If the judge upholds the suspension, we can appeal the decision.
Developing Legal Defense Strategies
Based on our investigation into the facts and evidence of your case, we will develop legal strategies to defend you. We may question whether the police established reasonable suspicion to pull you over or probable cause to place you under arrest. In other cases, we may question the validity of chemical testing for BAC, as both breathalyzer and blood testing can return false positive results.
Throughout the process, our legal team will be there to answer your questions, provide information, and support you in every way we can. We will work tirelessly to help you obtain the best possible result.
See How a Commercial DWI Lawyer in University Park Can Help You
Facing the possibility of losing your CDL and your ability to earn a living, you want someone on your side who understands how the legal process works and how the prosecution will structure its case against you.
For over three decades, attorney Randall Isenberg has worked to help University Park clients fight for their rights under the law. We provide a free case review to answer your questions and help you decide the best course of action for you.
Contact us today for a free consultation: 214-696-9253.
