If you're a commercial driver, your livelihood depends on your ability to stay on the road. Every mile you drive is a step towards providing for your family, paying bills, and building a future. But what happens if you're arrested for DWI in Texas?
Suddenly, everything you've worked for feels like it's at risk. You may wonder, "Can I keep my CDL?" The fear and uncertainty can overwhelm you. The DWI defense lawyers at the Law Office of Shane Phelps understand the stakes, and we're here to guide you through this difficult time.
Understanding DWI and CDL Regulations in Texas
Driving while intoxicated (DWI) is a serious offense in Texas, and the penalties can be even more severe if you hold a commercial driver’s license (CDL). Whether you were driving a commercial vehicle at the time of the arrest or your personal vehicle, the consequences can affect your ability to maintain your CDL and continue working in the trucking industry.
What Constitutes a DWI in Texas?
In Texas, a person is considered legally intoxicated when their blood alcohol concentration (BAC) is 0.08% or higher. For drivers with a CDL, the standards are even stricter. If you’re operating a commercial vehicle, a BAC of 0.04% is enough to be charged with DWI.
This lower threshold reflects the higher responsibility of driving large or heavy vehicles. Even if your BAC is below 0.04%, you can still be charged with DWI if it’s determined that alcohol or drugs have impaired your ability to drive safely.
The Impact of a DWI Arrest on Your CDL
A DWI arrest in Texas can have immediate and long-term effects on your CDL. The Texas Department of Public Safety (DPS) enforces strict regulations for CDL holders, and a DWI arrest triggers a series of legal consequences that could jeopardize your career.
Administrative License Revocation (ALR)
One of the first things you'll face after a DWI arrest is an Administrative License Revocation (ALR) hearing. This is separate from the criminal case and focuses on the suspension of your driving privileges.
- If you were driving a commercial vehicle: A failed or refused breath or blood test will result in an automatic one-year disqualification of your CDL, even if you’re not ultimately convicted of DWI.
- If you were driving a personal vehicle: A failed breath or blood test can still lead to a one-year disqualification of your CDL. Refusing to take the test may result in a longer disqualification period.
You must request an ALR hearing within 15 days of your arrest to contest the suspension. This hearing allows you to challenge the evidence and potentially retain your CDL.
Criminal Penalties
If you’re convicted of DWI, the criminal penalties are harsh, especially for CDL holders. A first-time DWI conviction can result in:
- Fines: Up to $2,000
- Jail time: 3 to 180 days
- License suspension: Up to one year
For CDL holders, the stakes are even higher. A DWI conviction means an automatic one-year disqualification of your CDL. If you were transporting hazardous materials at the time, this disqualification extends to three years.
What to Do If You’re Arrested for DWI with a CDL
Being arrested for DWI as a CDL holder can be frightening, but it’s important to take immediate action to protect your rights and your career. Here’s what you should do:
Contact a Criminal Defense Attorney Immediately
The most critical step you can take is to contact an experienced criminal defense attorney who understands Texas DWI laws and the specific challenges faced by CDL holders. The Law Office of Shane Phelps has extensive experience defending clients in DWI cases, and we’re ready to help you navigate the complexities of your case.
Request an ALR Hearing
As mentioned earlier, you have 15 days from the date of your arrest to request an ALR hearing. This is your chance to contest the suspension of your CDL. Your attorney can help you prepare for this hearing, challenge the evidence against you, and argue for the retention of your license.
Gather Evidence
Your defense will depend on the specific circumstances of your arrest. Your legal team will work with you on this step. This process may include:
- Challenging the legality of the traffic stop: Was there a valid reason for the officer to pull you over?
- Questioning the accuracy of the breath or blood test: Were the testing procedures followed correctly?
- Presenting evidence of improper handling or preservation of samples: Was the evidence properly stored and handled?
Your attorney will work with you to gather and analyze this evidence, building a strong defense to fight the charges against you.
The Consequences of Multiple DWI Offenses
If you’re facing a second or subsequent DWI charge, the consequences for your CDL are even more severe. A second DWI conviction results in a lifetime disqualification of your CDL. While you may be eligible for reinstatement after 10 years if certain conditions are met, the impact on your career is profound.
Second and Third Offenses
- Second DWI conviction: Lifetime CDL disqualification (possible reinstatement after 10 years)
- Third DWI conviction: Permanent loss of CDL with no possibility of reinstatement
These penalties underscore the importance of having a skilled criminal defense attorney by your side to fight the charges and protect your CDL.
Defenses Against a DWI Charge
Defending against a DWI charge requires a thorough understanding of both the law and the specific details of your case. Here are some common defenses that an experienced DWI defense attorney may use in your case:
- Lack of Probable Cause: If the officer did not have a valid reason to stop you, any evidence obtained during the stop may be inadmissible in court. This could include breath or blood test results, weakening the prosecution’s case against you.
- Faulty Testing Procedures: Breathalyzers and blood tests must follow strict protocols. If police committed errors in the test administration, you can challenge the results. This could include issues like improper calibration of the breathalyzer, failure to observe the 15-minute waiting period before administering the test, and contamination of blood samples.
- Medical Conditions: Certain medical conditions can mimic the symptoms of intoxication or affect the results of a Breathalyzer test. Conditions like acid reflux, diabetes, or even certain diets can cause inaccurate readings.
- Violation of Your Rights: If your rights were violated during the arrest, such as not being read your Miranda rights or being subjected to an unlawful search, your attorney could argue for dismissing the charges.
Can You Get Your CDL Reinstated?
If your CDL is disqualified due to a DWI conviction, reinstating it can require a complex process. After serving the disqualification period, you must complete several steps to regain your CDL.
This may include completing a state-approved alcohol education program as part of your reinstatement process. Additionally, you will likely need to pay reinstatement fees associated with recovering your CDL. Finally, you may be required to retake the CDL written and driving tests to regain your license.
Your criminal defense lawyer can guide you through this process, ensuring that you meet all the requirements for reinstatement.
The Importance of Legal Representation
Facing a DWI charge is stressful for anyone, but for a commercial driver, the stakes are even higher. The loss of your CDL can mean the loss of your livelihood. That’s why it’s so important to have experienced legal representation on your side.
The Law Office of Shane Phelps is committed to providing compassionate, aggressive defense for CDL holders facing DWI charges in Texas. We understand the unique challenges you face and will work tirelessly to protect your rights and your career.
How We Can Help
When you work with our firm, you’re not just getting legal representation—you’re getting a team that understands what’s at stake for you. We’ll start by thoroughly reviewing your case, identifying any weaknesses in the prosecution’s evidence, and developing a strategy tailored to your situation.
We’ll be with you every step of the way, from the ALR hearing to the criminal trial, fighting to protect your CDL and your future.
Protect Your CDL and Your Future by Calling Shane Phelps Law
A DWI arrest doesn’t have to mean the end of your career as a commercial driver. You can fight the charges and protect your CDL by taking immediate action and working with an experienced attorney. The Law Office of Shane Phelps is here to help you navigate this challenging time and work towards the best possible outcome for your case.
If you’ve been arrested for DWI and are worried about losing your CDL, don’t wait. Contact us today to schedule a consultation. We’re here to help you protect your livelihood and your future. Call our Bryan, TX office at (979) 775-4100 or contact us online. Our legal team is available 24/7.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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