Switch to ADA Accessible Theme
Close Menu
League City Criminal Defense Lawyer / League City Commercial DWI Lawyer

League City Commercial DWI Defense Lawyer

In Texas, driving while intoxicated (DWI) is a serious offense with severe penalties, and the stakes are even higher for those holding a commercial driver’s license (CDL). The state holds commercial drivers to a higher standard, and violations involving alcohol can have devastating consequences for both their careers and personal lives. For skilled, professional legal help with a DWI arrest in the Galveston Bay area, contact John Reed, Attorney at Law, to speak with an experienced and successful League City commercial DWI defense lawyer.

What Is Commercial DWI?

A Commercial DWI occurs when a driver holding a CDL is found to be under the influence of alcohol or drugs. Under Texas law, the blood alcohol concentration (BAC) limit for commercial drivers is much stricter than for non-commercial drivers. While a non-commercial driver may be legally intoxicated at a BAC of 0.08%, a commercial driver operating a commercial motor vehicle (CMV) can be charged with DWI if their BAC is 0.04% or higher.

It’s important for CDL holders to know that a DWI can affect their CDL even if they were driving a non-commercial vehicle at the time, such as their personal vehicle, if they had a BAC of 0.08% or more or were intoxicated.

Chapter 522 of the Texas Transportation Code governs the issuance, revocation, and regulation of commercial driver’s licenses in Texas. The statute sets forth specific requirements and prohibitions for CDL holders, particularly regarding DWI offenses. Under §522.081, a CDL holder is subject to disqualification for certain violations, including operating a CMV with a BAC of 0.04% or more.

Penalties for Commercial DWI

The penalties for a Commercial DWI in Texas are severe, reflecting the serious nature of the offense. These penalties can impact a CDL holder’s ability to earn a living and may have long-term consequences on their driving privileges.

  1. License Disqualification: Upon a conviction for DWI, the driver faces a minimum one-year disqualification of their commercial driver’s license. If the offense occurred while transporting hazardous materials, the disqualification period is extended to three years.
  2. BAC Violations in Non-Commercial Vehicles: A CDL holder can face disqualification even if the DWI offense occurs in a personal vehicle. If convicted of DWI in a non-commercial vehicle, the driver can still face a one-year disqualification of their CDL.
  3. Permanent Disqualification: If a CDL holder is convicted of a second DWI, whether in a commercial or non-commercial vehicle, they face a lifetime disqualification of their CDL. In some cases, the lifetime ban may be reduced to ten years if certain conditions are met.
  4. Fines and Jail Time: Commercial drivers convicted of DWI can also face substantial fines and potential jail time, especially if aggravating factors such as causing injury or death are involved.

Other Consequences

Aside from the immediate legal penalties, a Commercial DWI can have lasting effects on a CDL holder’s professional life. Many employers have zero-tolerance policies for alcohol-related offenses, and a DWI conviction may lead to job loss or difficulty securing future employment in the trucking industry.

Additionally, DWI convictions often lead to skyrocketing insurance rates, making it difficult or impossible for a driver to secure the necessary insurance to continue working as a commercial driver.

Defending Against Commercial DWI Charges

If you are a commercial driver facing DWI charges, it is crucial to seek the counsel of an experienced criminal defense attorney who understands the complexities of Texas DWI laws, particularly as they apply to CDL holders. Some potential defenses in a Commercial DWI case include:

  1. Unlawful Traffic Stop: If law enforcement did not have a valid reason to stop the driver, any evidence obtained during the stop may be inadmissible in court.
  2. Improper BAC Testing: The accuracy of breath or blood tests can be challenged if there were errors in how the tests were administered or if the equipment was not properly calibrated.
  3. Field Sobriety Test Issues: The results of field sobriety tests may be contested if the officer failed to provide proper instructions or if external factors affected the driver’s performance.
  4. Medical Conditions: Certain medical conditions can cause symptoms similar to intoxication or lead to falsely elevated BAC levels.

An experienced criminal defense lawyer can evaluate the evidence, identify weaknesses in the prosecution’s case, and work to protect your driving privileges and livelihood.

Why You Need an Experienced Defense Attorney Like John Reed in League City

For commercial drivers, the stakes are particularly high in a DWI case. The loss of a CDL can mean the loss of a career, and a permanent disqualification can be devastating. Attorney John Reed, based in League City, Texas, has extensive experience defending clients facing DWI charges, including commercial drivers. He understands the unique challenges CDL holders face and is committed to providing aggressive representation to protect their rights and driving privileges.

If you have been charged with a Commercial DWI in League City, time is of the essence. Contact John Reed, Attorney at Law, today at 281-928-8228 to discuss your case and explore your legal options. With the right defense strategy, you can fight to minimize the impact of a DWI charge on your future.

Share This Page:
Facebook Twitter LinkedIn