Will I Lose My Commercial Driver’s License if I Get a DWI in Texas?
A CDL license applies to drivers who:
- Transport more than 15 passengers
- Operate a vehicle that is over 26,000 lbs
- Carry hazardous materials in large quantities
Thousands of Texans rely on their commercial driver’s license (CDL) to support themselves and their families. It’s a good job, but one that comes with a lot of responsibility. That’s why a CDL DWI is so devastating.
Commercial Drivers Get Stricter Regulations
Drivers with a CDL have stricter regulations for DWI. While a BAC of .08 is the standard, a CDL driver cannot exceed a BAC of .04 when driving a commercial vehicle.
Commercial Driver’s License DWI – First Offense
A first-time DWI offense by a CDL driver is a Class B misdemeanor. If convicted, they will be disqualified from driving a commercial vehicle for at least one year. The driver could also be disqualified for refusing to submit a blood/breath/urine sample to determine the driver’s BAC due to “implied consent.” This means that subject to Texas Transportation Code, Chapter 724 a CDL driver in Texas is considered to have consented to provide specimens of breath, blood, or urine for the purpose of determining BAC. ACDL driver will lose their CDL for three years if transporting a hazardous material.
There are No Occupational Commercial Driver’s Licenses
Standard drivers can get occupational licenses for work or school with a suspended license. This is not an option for commercial drivers. Once suspended, you cannot drive a commercial vehicle for a year.
Commercial Driver’s License DWI – Second Offense
A second DWI will result in a lifetime suspension.
Commercial Driver’s License DWI: Commercial Vehicles
Commercial drivers must also be conscious when driving non-commercial vehicles. If convicted of a DWI while driving a non-commercial vehicle (BAC of .08+) they will be suspended for at least one year. They will be suspended for life if it is a second offense.
CDL DWI Penalties
In addition to losing a CDL, the offender will also be subjected to penalties, fines, fees, jail time, probation, and alcohol education classes.
Getting a CDL After a DWI Conviction
To get a CDL, you must have an excellent driving history. A DWI of any kind is a serious mark on your record. While you may be able to pass all the CDL tests, you are not guaranteed a second chance after getting a DWI. In large part, even if you are able to get a CDL after a DWI, it will be up to any potential employer to offer you a job.
Arrested for DWI in Texas with a CDL
If arrested for DWI with a CDL, you must request the following hearings:
- You have 15 days to request an Administrative License Revocation – If you fail to request an ALR hearing within 15 days, your driver’s license will automatically be suspended for 180 days and your CDL will be suspended for one year
- You have 20 days to request a Texas Department of Public Safety (DPS) administrative – If you fail to request a DPS hearing your license will be suspended for 90 days and CDL will be disqualified for either 1 year or 3 years depending on if you were carrying hazardous materials.
Getting a DWI is a serious issue. If you are a commercial driver, it’s is potentially career ending. To avoid the consequences of a DWI with a CDL, it is important that you contact Clyde W. Burleson, P.C. immediately to request your hearings, to save your license and to prepare a defense for your specif case. Call today 713-628-1503