For many individuals, obtaining a commercial driver’s license (CDL) opens the door to employment opportunities, leading to financial stability, independence, and a long, successful career. Nevertheless, you need a clean driving record to secure the license. Having a prior history of driving while intoxicated (DWI) can cast doubts on the dream, leaving you wondering if the record permanently bars you from obtaining a CDL.

If you are wondering whether you can get a CDL with a DWI in Texas, the answer is complicated. You are disqualified from obtaining a CDL if you have a DWI guilty verdict on your record, regardless of the vehicle class. If it is a first offense, you can obtain the permit within 12 to 36 months of the conviction. A second conviction will result in a permanent ban from obtaining a CDL. Even if you already have a CDL, renewing it or securing employment using it while you have a DWI record will be a problem. Whether or not you will obtain the permit hinges on several factors, including the time that has passed since the conviction.

Texas DWI Statutes and Their Effects on Your CDL

Texas PEN § 49.01, § 49.04 criminalizes operating a car with a blood alcohol concentration (BAC) of at least 0.08% and at least 0.04% for commercial drivers. The statutes also make it unlawful to operate a car while under the influence of drugs or alcohol, regardless of the BAC levels.

When you are convicted of DWI, and you hold a CDL license or are applying for one, the conviction will adversely affect your license. First, the law holds you to a higher standard than drivers of standard vehicles, with the designated BAC for commercial drivers being at 0.04% or more, while that of regular drivers is at 0.08% or above.

A guilty verdict for a first DWI violation results in one year of CDL suspension or 36 months of suspension if you were transporting hazardous material during the arrest. If you are convicted of a second violation, you will face a lifetime disqualification from your CDL. Even if you were driving a regular car when the arrest happened, a conviction will adversely impact your CDL.

Additionally, the law does not permit commercial drivers charged with DWI to exercise deferred entry of adjudication or judgment to avoid a guilty verdict.

Lastly, a conviction leads to collateral consequences, such as difficulties finding employment with commercial trucking companies. Moreover, the DWI record will increase your car insurance premiums because they consider you a high-risk driver.

Disqualification from Operating a Commercial Vehicle (CMV)

If you are seeking a CDL in Texas and you have a DWI record, you must make several considerations. These include:

Texas Transportation Code § 522.081

§ 522.081 disqualifies individuals convicted of DWI from holding a commercial learner’s permit (CLP) or CDL, regardless of the type of vehicle they were driving. The subsection applies to all violations that happen when driving regular cars or CMVs. If you hold a CDL, the statutes prohibit you from operating a CMV for sixty days if you have two prior severe traffic violations that happened within 36 months or one contravention of the laws regulating the driving of cars at railroad grade crossings.

Moreover, you will face up to 120 days of CDL suspension for at least three traffic violations that happened separately within thirty-six months or at least two contraventions of laws governing car crossings at railroad grade crossings within 36 months.

Therefore, if you have ambitions of obtaining a CLP, your driving choices will directly impact your qualification for the CDL or ability to continue driving CMVs, if you already have the permit.

Texas PEN 49

A guilty verdict for a first drunk or drugged driving offense in Texas prevents you from securing a CLP for twelve months. The disqualification period increases to 36 months if the first DWI offense occurred while you were transporting hazardous substances. When the prosecutor convicts you for a second DWI, the law permanently disqualifies you from obtaining a CLP.

Federal Motor Carrier Safety Administration (FMCSA)

Apart from Texas laws, your CLP is regulated by the FMCSA. The authority sets the standards for disqualifying drivers from obtaining CDLs. If your employer, a trucking company, is under the jurisdiction of FMCSA and they know or ought to know you have a DWI conviction, they should disqualify you from operating a CMV.

FMCSA regulations apply to all CLP holders, regardless of the jurisdiction in which the permit was issued. According to the rules of the regulatory agency, any arrest for a BAC of 0.004% or more involving a CDL holder will result in immediate disqualification.

The federal rules take effect nationwide. Therefore, apart from the CDL disqualification that stems from a PEN 49 violation, you will face additional punishment for contravention of FMCSA rules. A first DUI conviction under FMCSA rules will result in disqualification from obtaining a CDL for 12 months or more. A second conviction will result in permanent disqualification. Other major violations that will attract at least twelve months of disqualification from obtaining a CLP are:

  • Fleeing an accident scene after causing an accident

  • Declining to submit to chemical testing as required by the implied consent rules

  • Utilizing your car to commit a felony

  • Operating a CMV with a revoked, suspended, or disqualified permit

  • Operating a CMV negligently, leading to a fatality

  • Utilizing a CMV in a felony entailing the production or distribution of controlled substances. A conviction under these circumstances attracts a mandatory lifetime CDL ban.

A DWI is a severe traffic offense, classified as a major disqualifying violation. Therefore, if you are applying for a CDL or are a holder, the repercussions of the DWI record on your CDL will be immediate and severe. The goal is to protect the public. If you have proven that you cannot be trusted to safely operate regular vehicles, the law presumes that you should not be entrusted with CMVs, because accidents involving these vehicles are catastrophic and cause more damage. Therefore, eligible drivers must have a clean driving record to ensure safety and the safety of others.

Those with DWI records can still qualify for a CDL, although the decision hinges on whether the driver meets the established requirements to ensure safety.

Reinstating a CDL after a Lifetime

If you are permanently banned from obtaining a CLP, you can still request reinstatement, but ten years from the conviction date. However, you must enroll and complete the Texas Department of Public Safety (DPS) accredited alcohol or controlled substance treatment program. If the permit reinstatement request is approved, you will be qualified to apply afresh for a CLP. You are ineligible for reinstatement if the conviction involved the production and distribution of narcotics or human trafficking.

The Administrative License Termination or Revocation Proceeding

Apart from the legal penalties of a DWI conviction, administrative processes can have adverse effects on your CLP status. When an arrest for DWI happens, it instigates a criminal process in court and an administrative proceeding, presided over by the state office of administrative hearings (SOAH). The administrative process is referred to as the administrative License Revocation (ALR). The ALR is a civil hearing, separate from the court case, that determines the status of your driver’s permit.

You risk a license revocation during the ALR proceeding if you are a commercial driver arrested for operating a CMV with a minimum BAC of 0.04% or at least 0.08% BAC for driving a regular vehicle. Additionally, the ALR will suspend your license if you decline to submit a blood, breath, or urine sample for chemical testing. Texas adopts implied consent statutes, meaning that when you obtain a license and drive on Texas roads, you implicitly agree to chemical testing. Failure to submit the samples is considered unlawful and could trigger automatic DL suspension.

Therefore, when you are arrested, do not assume that you will lose your permit only if the court finds you guilty of the DWI charges. You could lose the license through an administrative hearing. Typically, after an arrest for DWI suspicions, the police confiscate your physical license and issue you a suspension notice. The notice informs you that your license will be automatically suspended within 40 days if you do not request a hearing. Within these days, you are allowed to drive with the suspension notice serving as the interim permit.

Failure to request an ALR proceeding within 15 days of the arrest results in automatic license suspension upon the expiration of the interim license. Therefore, once you receive the notice, you should talk to an experienced DWI defense attorney to request an ALR proceeding before the deadline to give you a chance to contest the suspension.

In the hearing, the attorney representing DPS will submit evidence against you. Your defense lawyer will counter the arguments and submit evidence against a suspension. An ALJ will then evaluate the facts of the case and issue a verdict on the license.

The advantage of requesting the ALR proceeding is that your attorney can gather evidence and testimony that can be utilized to strengthen the DWI case in court to prevent a conviction. When you avoid a guilty verdict, you will remain eligible for the CDL. Additionally, commercial vehicle licensees are ineligible for occupational licenses. Therefore, if you do not request the hearing or the ALJ’s verdict is unfavorable, you will not operate the CMV until the court issues a ruling.

Regaining CDL Eligibility after a DWI Record

Restoring your CDL eligibility after disqualification can be a daunting task. DPS evaluates each case separately to determine if you qualify to apply for a CLP. The steps that you should follow are:

  1. Complete the DWI Sentence and Satisfy All Court Conditions

The legal penalties for a DWI conviction vary based on your criminal record and case circumstances. You must complete your sentence, such as jail incarceration, court-imposed fines, or probation. Additionally, you must complete all mandatory court programs, like DUI school.

  1. Reinstate your Standard Driver’s Permit

You must recover your regular driver’s license first before qualifying for a CDL. The suspension duration varies from one case to another, depending on your criminal record and the case’s facts. Typically, you can regain your standard permit by first waiting for the suspension duration to lapse. A first DWI violation results in a suspension of 90 days to one year, while a second violation results in a suspension of 180 days to 24 months. Failure to submit to chemical testing also carries a twenty-four-month license suspension. Once the duration is over, you can petition for reinstatement.

Another step you should take to reinstate your standard license is to submit an SR-22 form to DPS. High-risk drivers must obtain liability insurance before they restore their driving privileges. Once you purchase the policy, the insurer should fill out a copy of the SR-22, which you will submit to the DPS as proof of compliance.

The next step is to pay the permit reinstatement fees. DPS will evaluate your application and reinstate your privileges if you meet the qualifications.

A license suspension can last up to twenty-four months. Fortunately, you can still drive to work, school, or other designated places if you apply for an occupational license while waiting for the suspension to end.

  1. Serve the CDL Disqualification Period

Apart from suspending your license, a DWI conviction results in a ban from securing a CLP. So, before you become eligible to apply for the CDL, you must complete the disqualification period. For a first DWI violation, the ban is twelve months. However, when hazardous materials are involved, the disqualification period is enhanced to 36 months. For a second offense, you face lifetime disqualification, although you can regain eligibility after ten years, unless the offense involved human trafficking.

  1. Complete DPS Approved DUI Treatment Program

If you want to secure employment with a commercial trucking company or want to reinstate your CDL, you must complete a substance abuse professional (SAP) program. The program involves several steps, including:

  • Evaluation by a SAP expert

  • Enrolling and completing a SAP-recommended program

  • Undergoing SAP follow-up evaluation to determine your eligibility

  • Passing alcohol or drug tests

If you are employed, you must submit a minimum of six random drug screenings in the first twelve months on the job. Return-to-duty alcohol tests are performed under supervision.

  1. Undergo the Standard CDL Application Process

Once you have reinstated your regular license, satisfied the waiting period, and met the requirements set by law and your employer, you can apply for a CDL.

A CDL application entails studying the handbook on commercial driver’s permits and taking the CDL knowledge test. If you pass the test, you will wait for fourteen days before taking the skill test.

Afterward, you will enroll in a CDL training program to develop your skills and increase the chances of securing a job, now that you have a DWI record.

Once 14 days have passed, you can take the skill test, which includes a vehicle inspection, a basic controls exam, and a road test in the CMV you will be driving. When you pass the test, you can make a formal CDL application. You will need your social security number, proof of identity, medical certification, and proof of Texas residency. The application should be sent to the DPS office. The DPS will then review the application to determine whether to approve or disqualify it.

Seeking the Help of a DWI Defense Attorney

A guilty verdict for a DWI can jeopardize your career before it starts if you want to be a commercial vehicle driver. If you have started a job, a disqualification because of a DUI conviction could be life-changing. So, if you are a CDL holder or aspiring to obtain the license, you must take all DWI charges seriously because an unfavorable verdict could result in severe consequences. Partner with an experienced DWI lawyer to negotiate a charge reduction or deferred adjudication if you are not a CDL holder. CDL holders cannot avoid a conviction using deferred entry judgments because of the deferred adjudication restriction that applies to them. Additionally, an attorney can craft viable defense strategies to secure a dismissal of the charge.

The defense strategies the attorney will mount depend on your case’s facts. First, the lawyer can argue that the police lacked probable cause for the traffic stop, making the arrest illegal. If the arrest was unlawful, all the evidence obtained is inadmissible, forcing the prosecutor to drop or lower the charges.

Another strategy the lawyer can use is to question the accuracy of the BAC test results. If the breathalyzer was not properly calibrated and maintained as required by law, the results will be deemed inaccurate and unreliable. Additionally, the lawyer can question the qualifications of the officers conducting the tests to dispute the test results further.

Lastly, your lawyer can provide an alternative explanation for the poor performance in field sobriety tests. Challenging the accuracy of these tests casts doubt in the minds of the jury on the reliability.

Find a Competent DWI Lawyer Near Me

A DWI conviction not only attracts jail incarceration and a hefty fine. It can derail your career if you are aspiring to obtain a CDL. If you are currently a CDL holder, a guilty verdict could disqualify you from driving CMVs for a long time or permanently. Therefore, to protect your livelihood or career aspirations, you must vigorously defend against the charges.

At Fort Worth DWI Defense Lawyer, we understand that your career is at stake, so we will aggressively defend you against the charges in court and at the ALR hearing to achieve a fair verdict. If you already have a record, we will explore various avenues to help you regain qualification for a CDL. Call us at 817-470-2128 to arrange a no-obligation consultation.