Many workers in Texas depend on their commercial driver's licenses to sustain their needs and the needs of their families. The trucking industry in Texas employs hundreds of thousands of employees every year. The industry's success is mainly based on the performance of commercial drivers, who deliver goods within and out of the state. However, that could change if the drivers' licenses are affected in one way or another. One thing that can significantly affect a commercial driver's license is driving while intoxicated.

Texas, like other states, has strict DWI laws that govern all motorists. These laws are stricter on commercial drivers than ordinary motorists. A violation of any DWI law could result in devastating effects on your license, including suspension or revocation. It helps to partner with a competent DWI defense attorney if you face DWI charges today.

DWI's Effects on Commercial Driver's Licenses

Driving while intoxicated is a severe offense in Texas. Drivers owe a duty of care to all road users to be careful while on the road. Drunk and drugged driving affects a driver's ability to operate a vehicle safely. DWI is among the leading causes of auto accidents throughout the country.

Texas has stringent laws against DWI. These laws make it unlawful for anyone to operate a vehicle while intoxicated with drugs or alcohol. The state has set BAC limits for various groups of motorists, which motorists must not surpass to drive safely. For instance, all drivers must not exceed a BAC limit of 0.08%. If you are operating a vehicle with a BAC of .08% or more, you will face DWI charges, a conviction for which could result in various penalties, including suspension of your driver's license, time in jail, court penalties, and mandatory completion of a DWI program.

Commercial vehicles are usually larger and heavier than ordinary vehicles. They require better control and a sober mind to operate safely. An accident involving a commercial vehicle is more devastating than one involving an ordinary vehicle. Thus, commercial drivers are subject to stricter DWI laws than ordinary drivers in Texas. For instance, commercial drivers must not exceed a BAC limit of 0.04%. If it happens, they could face serious DWI charges resulting in license suspension or revocation, among other penalties.

Commercial drivers in Texas hold commercial driver's licenses or CDLs. This license allows them to find work quickly as cargo carriers or bus drivers. It enables them to earn a decent living for themselves and their families. However, avoidable mistakes like drunk or drugged driving could cause commercial drivers to lose their CDLs. It means that the affected driver will not work and earn a living for their family.

If the police stop you (a CDL holder) on suspicion of DWI, you could lose your license instantly and encounter challenges in having it reinstated or replacing it altogether. That could be the end of your career and a possible source of income. Thus, it helps to know what you must do to avoid the consequences of a DWI on your CDL. The first step would be to partner with a competent DWI attorney for a favorable outcome.

Here are ways in which a DWI can Affect Your Commercial Driver's License:

CDL License Suspension

A DWI arrest will cause an automatic suspension of your commercial driver's license. You will not operate a commercial vehicle until your license is reinstated.

The arresting officer will take your license even before your conviction. You will receive a temporary license that you can use for 41 days, within which you must defend your license against the suspension. You can schedule an ALR hearing with the Texas Department of Public Safety to disapprove the elements of your DWI charge. This hearing could result in the reinstatement of your license or further suspension or revocation.

Remember that license suspension is usually for first offenders. If it is your first DWI arrest, you could fight to have your license reinstated even before a court determines your DWI criminal case. But you could still lose your license to suspension if you are found guilty by a criminal court.

CDL suspension for first offenders is usually for one year, after which you can apply to have your license back. It means that you can go back to work at the end of the suspension period. But if you were ferrying hazardous cargo, you could lose your license to suspension for up to three years.

That is a long time to stay out of work. It will be a challenging period for you and your loved ones if you are the sole breadwinner in your family. That is why you must consider hiring an experienced DWI lawyer from the start of the legal process. Your lawyer can fight aggressively to protect your license and your means of livelihood.

CDL License Revocation

Losing a driver's license is hard, especially if it is a license that allows you to make a living. Sadly, it is one of the consequences of driving while intoxicated in Texas. Commercial drivers are likely to lose their driving privileges for good if found guilty of DWI for the second and subsequent time in ten years.

Driving is usually a privilege in Texas and other states and not a right. The State Department of Public Safety is responsible for issuing qualified drivers with licenses. You can lose this privilege temporarily or permanently if you are medically incapable of operating a vehicle or fail to abide by the given rules, among them violating the state DWI laws. A criminal court can also revoke your license if you are convicted of specific driving offenses.

DWI is a severe offense in the state. The law is a little lenient to first offenders and could give them a second chance after a conviction for driving while intoxicated. Subsequent DWI offenders will likely lose their CDL for good through revocation. That is a massive blow to commercial drivers who solely depend on their licenses to earn a living for themselves and their families. Losing your license permanently means you will not make a living until you train for something else. That could take time and affect your family's ability to cater to its needs.

Additionally, you could lose your individual driver's license temporarily or permanently. When that happens, you will not be able to drive your personal vehicle or any other vehicle within the period of suspension or revocation. You must apply for a new license if DPS reinstates your driving privilege.

Once DPS revokes your CDL or individual license, driving with the revoked license becomes a crime. First offenders face Class C misdemeanor charges, penalized by a maximum of $500.

CDL Application Rejection

A DWI conviction before obtaining a CDL will likely affect your future applications.

A driver that wishes to operate a commercial vehicle must obtain a commercial driver's license alongside their individual driver's license. The former will enable them to find work, as it is a proof of qualification to become a commercial driver.

DPS issues CDLs in Texas. Drivers must show proof of training and other qualifying requirements, including zero conviction records for DWI. It is a challenge for a driver to obtain a CDL if they have a conviction for driving while intoxicated. That happens even if the conviction occurred a long time ago. In that case, DPS will reject your application if they discover that you have a DWI-related conviction in your criminal history.

The law demands that you provide truthful information regarding your criminal history when applying for licenses like these. Criminal records are easy to access by DPS and other license-issuing bodies. DPS will conduct a background check on every CDL applicant to ensure that only qualified drivers operate commercial vehicles in the state. You will automatically be disqualified if you have a criminal record for a DWI conviction.

It is frustrating not to obtain a license even after ensuring that you are qualified in other areas and safely operate a commercial vehicle. You should consider hiring a skilled DWI attorney if you face a DWI charge and aspire to become a commercial driver. Your attorney can fight your charges to avoid a conviction that could later affect your application for a CDL.

No Restricted Driving Privileges

A DWI will cause you to lose your commercial driver's license and individual driver's license to suspension or revocation. If you lose both, you will not work or drive your personal vehicle anywhere.

Most drivers can obtain a restricted license after the revocation or suspension of their individual driver's license. Sadly, it is not an option for commercial drivers. Commercial drivers do not qualify for a restricted driver's license after losing theirs due to a DWI-related charge. You will need someone to drive you to wherever you wish to go, at least until DPS reinstates your driving privilege. If you permanently lose your driving privilege, you will not drive in the state for the rest of your life.

But, DPS can reinstate your revoked CDL after ten years if you voluntarily enter and complete an appropriate DWI-related training program approved by the department.

Still, ten years is a long time to lose your driving privilege, and with no hope of qualifying for a restricted license. You must find a qualified DWI attorney if you face a DWI charge that will likely affect your commercial driver's license.

You Could be Barred From Being a Commercial Driver

Commercial truck driving is an excellent job for many people across the country. It offers stability, job security, flexibility, and a livable wage. It is also an exciting and prestigious job that you can enjoy until your retirement. You only require proper training and experience to find a job that can sustain you and your family and offer other employment benefits.

But, you can lose all that if you are convicted of DWI in Texas. DPS takes DWI for commercial truck drivers seriously and could bar any driver found guilty of driving while intoxicated from driving a commercial vehicle. First offenders could be disqualified from commercial truck driving for one tear, while it could be longer for subsequent offenders. You could even face a lifetime ban from commercial driving.

That would mean saying goodbye to a comfortable job for you and your loved ones. Commercial truck drivers are some of the best-paid employees in Texas. Losing a well-paying job is a significant loss, especially to an employee whose family is dependent on their earnings for a living.

Additionally, your employee could terminate your employment contract if you are suspected of driving while intoxicated. Commercial truck owners are cautious when hiring employees and will only hire and keep a driver that abides by the law. They do that to protect their reputation and business. A commercial truck owner can quickly lose their license to operate in Texas if they cover up for a driver that breaks the law. Once you are terminated from employment, your employer can give a bad review that could make it impossible for you to find a job as a commercial truck driver.

Your Insurance Rate Could Go Up

Accessing certain services becomes a challenge when you have a criminal record. For instance, a DUI could pose a challenge when seeking auto insurance services. Insurance companies are skeptical about offering services to high-risk customers. A DWI conviction portrays you as a careless driver that can quickly cause an accident. Since insurance companies are in business to make money, they will cover a driver that is least likely to be involved in an accident.

Your insurance rates are likely to increase after a DWI conviction. If you are a commercial vehicle owner, your insurance provider will raise your premium immediately after your DWI conviction. You will incur additional costs to remain in business, eventually costing your business.

You do not have to inform your insurance provider about your DWI conviction. But, this is information the insurer can quickly obtain and act upon. If DPS has suspended your driver's license, you must file an SR-22 form, which you must obtain from your insurer. You will have to disclose your DWI charge/conviction to your insurer to obtain the form. Insurance providers conduct a background check before renewing their client's insurance policy. They could check your DPS record and find out about the DWI conviction.

You Can Fight The DWI Effect On Your Commercial Driver's License

A DWI record is enough to destroy your career as a commercial truck driver. It will affect your CDL in several ways. For instance, a DWI will cause DPS to suspend or revoke your license. When that happens, you cannot work temporarily or permanently and could lose your only source of income. But, you can fight to keep your CDL if you face DWI charges in Texas through the following:

Hiring a Competent DWI Defense Attorney

If you face criminal charges in Texas, hiring a competent attorney specializing in the specific area of the law you are accused of violating is always advisable. In that case, a DWI attorney is the legal expert you need here. Your attorney will walk you through the legal process, advising and guiding you until the judge delivers a fair verdict.

Fight Your Charges

DWI charges are serious, especially to a commercial truck driver. You must fight your charges to protect your CDL to continue rendering your services as a commercial truck driver in the state. You can do this with the help of your competent DWI attorney. Fortunately for you, the law provides several defense strategies that your attorney can use to compel the court to dismiss your DWI charges. Some of the strategies include:

  • Convincing the court that the police did not have a probable cause for your arrest — Your arrest will be invalid if the police did not have probable cause for your arrest.
  • Challenging the BAC results as faulty — It could be that the breathalyzer was faulty or not well calibrated.
  • Convincing the jury that your arrest was illegal if the police did not follow proper procedures for conducting DWI arrests.
  • You could let the court know that the arresting officer did not read your Miranda rights before questioning you — The court will throw out any evidence the officer gathered against you.

Find an Experienced DWI Defense Attorney Near Me

Do you face DWI charges in Fort Worth and are afraid they could affect your CDL?

Hire an experienced DWI attorney to help you through the legal process and fight your charges. A DWI is a severe charge that attracts severe penalties in Texas, including suspension of your commercial driver's license. Every day, we handle cases like these in Fort Worth DWI Defense Lawyer. Our team will be willing to walk with you during this challenging period and fight alongside you for a fair outcome of your case. Call us at 817-470-2128, and let us study the details of your case for the best legal advice and assistance.