COMMERCIAL DRIVER DWI / DUI
A person with a commercial driver’s license (CDL) who is operating a commercial motor vehicle is held to a higher legal standard in DWI cases than non-CDL drivers. Unlike a motorist in a DWI case where the legal level of intoxication is 0.08, a person with a commercial driver’s license is subject to losing his CDL under a 0.04 standard.
Transportation Code Sec. 522.081 disqualifies drivers from operating a commercial motor vehicle if they violate certain laws. You will lose your CDL for one year if you:
Refuse to submit to a blood or breath test
Have a test result of 0.04 or higher while driving a commercial motor vehicle
Have a test result of 0.08 or higher while driving a non-commercial motor vehicle
Are convicted of DWI, DWI with Child Passenger, or Intoxication Assault
Have a test result showing that you had a controlled substance or drug in your body while operating a commercial motor vehicle
EXTENDED DISQUALIFICATION PERIOD
The disqualification period is extended to three years if any of the above situations occur while you are transporting hazardous materials. There is a disqualification for life if you are convicted two or more times of DWI, DWI with Child Passenger, or Intoxication Assault or utilize the commercial vehicle to commit certain felony crimes. The law does not allow a judge to give you an occupational license to drive a commercial vehicle during a disqualification period, as it would with a non-commercial DWI case.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
HIRE JUSTIN TO HELP WITH YOUR CDL DUI CASE
Because of the severe nature of the penalties–including the loss of driving privileges, which directly affects your livelihood–you need to hire an experienced DWI attorney to help you navigate the criminal justice system to preserve your CDL, if possible. Justin Sparks offers a free consultation to analyze your case facts to determine whether your case should go to trial and will rate your chances of winning if the case were tried to a jury.
Justin Sparks has handled hundreds of DWI cases including those for clients who have had a CDL. Justin is a former Tarrant County Assistant District Attorney who has been named as a Rising Star in Criminal Defense Law from 2014-2016 (Thomson Reuters service printed in Texas Monthly). Call him today at (817) 334-0300.