Commercial drivers are held to a stricter standard than other drivers. And losing your driving privileges usually means losing your job if you are a professional driver. If you are convicted of DWI, you could lose your commercial driver’s license (CDL).
The biggest difference between standard DWIs and commercial DWIs is that the legal blood alcohol content (BAC) for a commercial driver is significantly lower than other drivers. Any driver who holds a CDL and registers a BAC of 0.04 percent or higher while operating a commercial vehicle is legally intoxicated. This limit does not apply to CDL drivers stopped while driving a personal vehicle.
Fortunately, you do not have to go through this complicated process alone. A commercial DWI lawyer in Irving, TX can help you protect your rights. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free and confidential consultation about your case.
Commercial DWI Penalties
In addition to the lower BAC, a commercial driver will automatically lose their CDL for one year if convicted of DWI. For a second conviction, it’s a lifetime loss. Of course, you will also face the standard DWI fines, license suspension, and possible jail time. It is also important to note that the automatic license suspension for CDL holders applies even if you received the DWI while driving your personal vehicle.
The penalties for commercial DWI in Texas are in §522.081 of the Transportation Code.
Implied Consent Violations
When you get your driver’s license in Texas, you automatically consent to submit to blood and breath tests if stopped on suspicion of DWI. This is known as implied consent law. In Texas, implied consent laws for commercial drivers are in §522.102 of the Transportation Code.
If you refuse to submit to one of these tests, you will be in violation of this law. Violations for non-CDL drivers carry an automatic penalty of a 180-day license suspension. This is true even without a DWI conviction. Commercial drivers, however, face even more severe penalties. Refusal of a blood or breath test will result in a one-year CDL suspension.
DWI While Transporting Hazardous Material
If you are transporting hazardous materials at the time of your DWI, you will lose your CDL for three years if convicted or if you refuse a sobriety test. An Irving, Texas commercial DWI attorney can help you determine your rights and options.
Standard DWI Penalties
If you are charged with a commercial DWI, you could face the standard penalties in addition to the enhanced penalties. As with all criminal charges, penalties will be largely dependent on the particulars of your case and whether you have prior DWIs or criminal convictions, but standard DWI penalties are as follows:
- First-offense DWI: License suspension of up to 1 year, fine of up to $2,000, and up to 180 days jail time.
- Second-offense DWI: License suspension of up to 2 years, fine of up to $4,000, and up to 1 year in jail. You may also have to pay up to $2,000 to reclaim your driver’s license.
- Third-offense DWI: License suspension of up to two years, fine of up to $10,000, and up to 10 years imprisonment. You may also face the license reclamation fee.
How a Commercial DWI Lawyer in Irving, TX Can Help
In addition to your reputation and freedom, your livelihood is at stake if you face commercial DWI charges. Fortunately, a Commercial DWI lawyer in Irving, TX is here to help. We will:
Any type of DWI charge can be overwhelming, but commercial DWI charges can be particularly stressful. The need to communicate with insurance companies, attorneys, and other parties can be downright daunting, especially when your job, finances, and freedom are on the line. Let our legal team handle these communications on your behalf.
Build a Strong Defense
Over the past three decades, criminal defense attorney Randall B. Isenberg has acquired legal experience from all angles, as a prosecutor, judge, and defense attorney. He knows how the prosecution thinks and will use that knowledge to represent you. The legal team at the Law Offices of Randall B. Isenberg understands the unique complexities of commercial DWI cases, and we do whatever we can to get clients’ charges reduced or dismissed entirely.
Negotiate a Plea Deal
We will thoroughly investigate your case and gather pertinent evidence, including police reports, lab results, and witness testimony. We can also negotiate with the prosecution for a favorable plea deal. In some cases, a plea bargain is in your best interest, and in others, we will take your case to court.
Secure Help from a Commercial DWI Lawyer in Irving, TX
At the Law Offices of Randall B. Isenberg, we know how much is at stake when you are facing commercial DWI charges. Our knowledgeable legal team will look for weaknesses in the prosecution’s case, and we will use them to position you for the best possible outcome. Do not let a commercial DWI conviction put you in jail and out of a job. A commercial DWI lawyer in Irving, TX will do everything possible to protect your rights, reputation, freedom, and career.
Contact us today at 214-696-9253 for a free and confidential consultation about your case.