DWI and CDL disqualification in Texas

Driving under the influence (DWI) is a criminal offense in Texas that is defined as operating a motor vehicle while impaired by alcohol or drugs. The penalties for a DWI conviction can vary depending on the circumstances of the case and the individual's prior criminal record. For CDL holders, the consequences of a DWI conviction can be even more severe.

In Texas, a first-time DWI conviction for a CDL holder can result in a one-year disqualification of their CDL. A second DWI conviction can result in a lifetime disqualification. Additionally, if a CDL holder is convicted of a DWI while operating a CMV, the disqualification period is increased to three years. These disqualifications are in addition to any other penalties or fines that may be imposed by the court for the DWI conviction.

Below is a list of the timeframes for disqualification of your CDL in Texas for various offenses:

Disqualified for 60 Days:

·       Convicted of two serious traffic violations that occur within a three-year period; or

·       Convicted of one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing

Disqualified for 120 Days:

·       Convicted of three serious traffic violations arising from separate incidents occurring within a three-year period; or

·       Convicted of two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period.

Disqualified for one year:

• If convicted of three violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period;

• The First Conviction of the following crimes:

• DWI, DWI with a Child Passenger, or Intoxication Assault;

• leaving the scene of an accident involving a motor vehicle driven by the person;

• using a motor vehicle in the commission of a felony;

• causing the death of another person through the negligent or criminal operation of a motor vehicle; or

• driving a commercial motor vehicle while the person's commercial driver's license or commercial learner's permit is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;

• If the person had a BAC over .04 or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place;

• If the person had a BAC over .08 while operating a motor vehicle, other than a commercial motor vehicle, in a public place

Disqualified for three years:

• Convicted of the following offenses and the vehicle being operated by the person was transporting a hazardous material required to be placarded:

• DWI, DWI with a Child Passenger, or Intoxication Assault;

• Leaving the scene of an accident involving a motor vehicle driven by the person;

• Using a motor vehicle in the commission of a felony;

• Causing the death of another person through the negligent or criminal operation of a motor vehicle; or

• Driving a commercial motor vehicle while the person's commercial driver's license or commercial learner's permit is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;

• If the vehicle being operated by the person was transporting a hazardous material required to be placarded:

• If the person had a BAC over .04 or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place;

• If the person had a BAC over .08 while operating a motor vehicle, other than a commercial motor vehicle, in a public place

Disqualified for life:

• The second conviction or occurrence or two convictions or occurrences of a combination of the following: