What is the Difference Between DWI and Commercial DWI Charges?
If you were recently stopped by a law enforcement official on suspicion of drunk driving or drugged driving, and the stop resulted in an arrest, you are now likely facing charges for driving while intoxicated (DWI) in Texas. Under Chapter 49 of the Texas Penal Code, driving while intoxicated means either driving while “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body” or having a blood alcohol concentration (BAC) of 0.08 or more. However, there is another type of DWI charge that a commercial driver can face, known as a commercial DWI. While both types of charges involve allegations of driving while intoxicated, the definition of “intoxicated” depends on whether you are driving a regular vehicle or a commercial vehicle at the time of the stop.
Our Texas DWI defense attorneys can explain the distinctions in more detail, and we are here to begin working with you on your defense against DWI or commercial DWI charges.
Understanding the Difference Between a DWI and a Commercial DWI
In general, both a DWI and a commercial DWI can be charged when a person has been driving without “the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” Yet there is an important distinction for a “per se” DWI, which is what a DWI is typically called when a person faces charges because their BAC is over a certain limit.
While a person can face regular DWI charges for having a BAC of 0.08 percent or higher, a person can face commercial DWI charges for having a BAC of 0.04 percent or higher while operating a commercial vehicle. In addition, the law is stricter for commercial drivers when it comes to retaining a commercial driver’s license (CDL), which the driver can lose with a commercial DWI conviction.
Defense Strategies for DWIs and Commercial DWIs
Defense strategies are relatively similar whether you are facing a DWI or commercial DWI. Some common defense strategies include but are not limited to the following:
- Fault or defective breathalyzer test or results;
- Inaccurate or tainted blood test results; or
- Constitutional violation, such as an unlawful search under the Fourth Amendment.
Contact Our Texas DWI Defense Attorney for Help with your Case Today
Are you currently facing any type of DWI charges in Texas? Whether you were arrested for a DWI or a commercial DWI, it is critical to seek legal help as soon as possible in order to begin developing the strongest defense for your case. In the event of a conviction, not only can you face jail time and penalties, but your livelihood could be affected, too — especially if you are a commercial vehicle driver. An experienced Texas DWI defense lawyer at John Reed, Attorney at Law can talk with you today about the details of your case and can begin working with you on your defense. Contact us today to learn more about how we can assist you.
Source:
statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm
