San Antonio DWI with a CDL Attorney

Skilled DWI with a CDL Attorney in San Antonio, Texas

A commercial driver’s license (CDL) is a type of driver’s license that is required to operate certain commercial motor vehicles (CMVs) in the United States. These vehicles include tractor-trailers, buses, and other large vehicles that are used for transportation of goods and passengers. Obtaining a CDL is a rigorous process that involves passing both knowledge and skills tests, as well as meeting other requirements.

Due to the potential danger of operating large commercial vehicles, the regulations for CDL holders are strict and the consequences for violating these regulations can be severe. One such consequence is disqualification, which is the revocation or suspension of a CDL for a specified period of time. Disqualification can occur for a variety of reasons, including driving under the influence (DWI) and other traffic offenses.

If you find yourself in this situation, it is important to seek the guidance of a qualified CDL attorney in San Antonio. San Antonio Criminal Defense Attorney Brad Thornton, who is Board Certified in criminal law and a former chief prosecutor, is trained in SFSTs, ARIDE, and DRE. He was a leader on the vehicular crimes unit with the district attorney’s office and offers free consultations. He can be reached at 210-439-5627.

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:
  • 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

Implied Consent for CDL Holders and Consequences for Refusal

Implied consent is a legal principle that states that by operating a motor vehicle on public roads, an individual has given their implied consent to submit to chemical testing if they are suspected of driving under the influence (DUI) or driving while intoxicated (DWI). This means that if a police officer has probable cause to believe that a driver is under the influence, they can request that the driver take a blood, breath, or urine test to determine their blood alcohol concentration (BAC).

However a CDL holder does have the right to refuse chemical testing, but there are consequences for doing so and even if a CDL holder refuses chemical testing, the officer can still obtain a warrant to administer a test.

In Texas, if a CDL holder refuses to submit to chemical testing, their CDL will be disqualified for:

• One year for a first refusal
• Three years if the individual refused testing while transporting hazardous materials
• Life for a second refusal

San Antonio CDL Attorney

CDL disqualification can have a significant impact on the individual’s livelihood and employment prospects. Many jobs in the transportation industry require a valid CDL, and disqualification can make it difficult for the individual to find work in their field. This can lead to financial difficulties and a loss of income for the individual and their family.

If you find yourself facing CDL disqualification, it’s important to seek the guidance of a qualified attorney like San Antonio Criminal Defense Attorney Brad Thornton who is Board Certified in criminal law and a former chief prosecutor with extensive DWI experience. Call 210-439-5627 for a free consultation.