If you’ve been convicted of a DWI in Texas, the good news is that it is possible to regain your CDL license under certain circumstances, but the process can be complicated and time-consuming. A DWI conviction can result in a significant setback for your career, affecting your ability to continue driving commercially.
Without taking prompt action, you risk losing your livelihood, facing long-term disqualification, and potentially losing job opportunities forever.
The consequences of a DWI conviction on your CDL could be severe, especially if you don’t take the necessary steps to fight for reinstatement. Missing deadlines, failing to attend required programs, or not following through with the reinstatement process can lead to long-lasting damage to your career.
If you’re facing a DWI charge in Dallas, our skilled attorneys are ready to fight for your CDL—contact our DWI Lawyer Texas.
How a DWI affects your CDL in Texas
A DWI conviction can have significant and lasting consequences for commercial drivers in Texas. Not only will a DWI impact your ability to drive commercially, but it could also affect your career opportunities, insurance premiums, and long-term prospects. Knowing the specific rules around CDL disqualification in Texas and federally can help you prepare for the steps you need to take to protect your livelihood.
Texas CDL disqualification laws
Under Texas Transportation Code §522.081, a CDL or Commercial Learner’s Permit (CLP) can be disqualified if you are convicted of a DWI. Here’s how the disqualification works:
- A first DWI conviction results in a 1-year disqualification from holding a CDL. During this time, you cannot operate a commercial vehicle.
- If convicted of a DWI while transporting hazardous materials, the disqualification period is increased to 3 years. This is a serious penalty because it directly impacts your ability to transport materials that are vital to various industries.
- A second DWI conviction results in a lifetime disqualification from holding a CDL, with the potential for reinstatement after 10 years, depending on the circumstances and after completing all legal requirements, including alcohol education programs and the payment of fees.
Federal CDL disqualification rules
The Federal Motor Carrier Safety Administration (FMCSA) also imposes penalties for DWI convictions that apply to CDL holders, irrespective of the state in which the offense occurs. This means that the FMCSA rules supersede state laws and can further complicate a CDL holder’s ability to work in the industry.
- According to FMCSA regulations, a DWI conviction results in disqualification from driving a commercial vehicle for at least 1 year, with additional penalties if the driver had a DWI while transporting hazardous materials or had previous convictions.
- Employers are required to comply with FMCSA guidelines, which means they must not hire drivers with a DWI conviction on their record, especially if the conviction occurred while operating a commercial vehicle. This can severely limit employment opportunities for CDL holders after a DWI conviction.
💡 FMCSA regulations also affect interstate trucking, meaning even if a driver’s Texas CDL is reinstated after a DWI, they might still face barriers when applying for jobs with trucking companies that operate across state lines.
Can you reinstate a CDL after a DWI in Texas?
If you’re convicted of DWI and are looking to obtain a CDL license after disqualification, knowing the reinstatement process is essential to moving forward with your career in commercial driving. We will walk you through the reinstatement process and provide you with the information you need to take action.
Lifetime CDL ban & reinstatement options
If a CDL driver is banned for life due to a second DWI or certain other offenses, they may apply for reinstatement after a 10-year period. However, reinstatement is not automatic and depends on meeting specific criteria set by the Texas Department of Public Safety (DPS).
- 10-year disqualification period: Following a lifetime ban, you must wait at least 10 years before you can apply for reinstatement of your CDL.
- Completion of drug and alcohol education programs: Drivers must complete a Texas DPS-approved drug and alcohol education program to qualify for reinstatement.
- Payment of reinstatement fees: All reinstatement fees must be paid to DPS before your CDL can be reinstated.
- Additional evaluations: You may be required to submit to an evaluation of your alcohol or drug use as part of the reinstatement process.
Steps to get a CDL after a DWI suspension
If your CDL has been suspended due to a DWI, there are specific steps to follow to get your CDL reinstated and back on the road.
- Wait for the mandatory disqualification period: You must wait for the disqualification period to pass, as set by either state or federal guidelines.
- Complete DPS-approved education programs: If required, you must successfully complete any alcohol or drug education programs approved by the Texas DPS.
- Retake written and skills tests: Depending on the length of your disqualification, you may need to retake the CDL written and skills tests to demonstrate your readiness to drive.
- Pay reinstatement fees: Ensure that all necessary fees are paid to the DPS before you apply for reinstatement.
- Submit paperwork: Submit all required documentation to DPS, including evidence of completed education programs, tests, and payment.
Reinstating a CDL is possible, but it comes with a lengthy process and a set of steps to prove that you are ready to drive commercially again. We’ll guide you through these steps and ensure that you meet all the necessary requirements.
Challenges of getting a CDL job after a DWI
Employer considerations
Many trucking companies hesitate to hire drivers with DWI convictions due to the liability risks involved. Employers are responsible for ensuring their drivers meet safety standards and regulatory requirements, and hiring drivers with a DWI conviction could lead to increased insurance premiums and potential legal consequences.
Some companies have strict policies against hiring drivers with DWIs, even after reinstatement. These policies are often driven by concerns over safety, insurance costs, and compliance with regulations.
Insurance costs for companies hiring drivers with DWIs can be significantly higher. Drivers with DWI convictions are often categorized as high-risk, which leads to an increase in insurance premiums for employers.
FMCSA considerations
While FMCSA regulations allow drivers with a DWI conviction to apply for reinstatement after the disqualification period (usually 1 year), companies are still free to decide whether or not they want to hire a driver with a history of alcohol-related offenses.
Employers must also adhere to FMCSA regulations regarding drug and alcohol testing, which apply to all commercial drivers. A driver with a DWI conviction may face additional scrutiny when meeting the requirements for alcohol testing and may face difficulties complying with the necessary regulations.
⚠️ Even after meeting the FMCSA reinstatement requirements, some trucking companies may still choose to avoid hiring drivers with a DWI conviction due to the additional risk involved.
With our DWI attorneys on your side, you will have the legal support needed to fight for your CDL and career. Contact our Texas DWI Lawyer today.
Can you fight a DWI to protect your CDL?
If you’re a CDL holder facing a DWI charge, we understand how critical it is to protect your career. A DWI conviction can lead to the suspension or disqualification of your CDL, which directly impacts your ability to work. However, there are ways to fight the charge and prevent a permanent loss of your CDL. The first step is to request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.
Administrative license revocation (ALR) hearing
At our firm, we know the importance of the ALR hearing. It is your opportunity to challenge the suspension of your CDL. This hearing is separate from the criminal DWI case and focuses only on whether your license should be revoked. If you miss the 15-day window to request the hearing, you could automatically lose your CDL, which is why timely action is critical.
Common CDL DWI defenses
When it comes to defending your CDL, we use several strategies to challenge the DWI charge. We will review every detail of your case to determine the most effective defense and work hard to protect your driving privileges.
- Lack of probable cause for the traffic stop: If there was no legitimate reason for the traffic stop, we can challenge the evidence collected.
- Inaccurate breathalyzer or blood test results: Breathalyzer or blood tests must be done correctly. If the equipment wasn’t properly calibrated or the procedure was flawed, we can contest the results.
- Field sobriety test errors: These tests are not always accurate. We will examine how they were conducted and look for any errors that could undermine the results.
- Violation of your legal rights: If your legal rights were violated during your arrest, such as improper administration of Miranda rights, we may be able to have the case dismissed.
With our experience, we will work tirelessly to protect your CDL and ensure that you get the best possible outcome for your case. Fighting the charge is the key to maintaining your career.
Why you need our DWI lawyer for CDL defense
A DWI charge can seriously jeopardize your CDL and your career. We know how important it is to keep your CDL, and we specialize in defending CDL holders facing DWI charges. With our help, you can take steps to minimize the impact of a DWI conviction.
Our DWI lawyer will:
- Fight to reduce or dismiss charges: We will fight for a reduction of charges or dismissal when possible, working to protect your CDL and your future.
- Defend your CDL and driving record: A DWI conviction can affect your driving record permanently, which can lead to the loss of your CDL. We’ll fight to keep your record clean and protect your driving privileges.
- Negotiate alternative sentencing options: If the DWI charge is unavoidable, we will negotiate for alternatives like probation, alcohol education programs, or community service to minimize the damage to your CDL and career.
Contact our Texas CDL DWI lawyers today
At the Law Offices of Richard C. McConathy, we understand how a DWI charge can impact your CDL and your future. We have been defending drivers in the state of Texas for decades, and with our family-owned firm, you can trust that your case is in experienced hands.
Our firm has been built on a reputation of stability, dedication, and results since my grandfather founded it in 1946.
With a deep focus on criminal defense, including all types of DWI offense, we have the knowledge and experience to fight for your CDL and your career. When you trust us with your case, you can rely on our long-standing commitment to providing personalized, effective legal representation.
Our team is ready to help you through every step of the process—from the ALR hearing to defending your rights in court. Call us now at (972) 528-0478 or visit our contact page to get in touch.
Key takeaways
- A DWI conviction can lead to serious consequences for CDL holders, including disqualification and suspension of driving privileges.
- The reinstatement process for a CDL after a DWI can be lengthy, involving education programs, fees, and retaking tests.
- Even after meeting reinstatement requirements, some employers may still refuse to hire drivers with a DWI conviction due to insurance and liability concerns.
- Working with our experienced DWI attorney is key to managing the legal challenges and protecting your CDL and career.
FAQs
Can I get a temporary CDL while my disqualification is under review?
In some cases, it may be possible to apply for a temporary CDL or an occupational driver’s license while waiting for your disqualification period to end. This is subject to approval from the Texas Department of Public Safety (DPS) and can allow you to continue working in certain situations.
Will a DWI conviction affect my ability to transport hazardous materials?
Yes, a DWI conviction can significantly affect your eligibility to transport hazardous materials. Under FMCSA regulations, a DWI conviction while transporting hazardous materials can result in a 3-year disqualification. After reinstatement, the driver will still face heightened scrutiny due to the sensitive nature of the cargo.
How does a DWI affect my CDL if I’m still on probation?
If you are on probation and facing a DWI charge, the conviction may violate your probation terms. This could lead to additional penalties, including further suspension of your CDL. It’s essential to seek legal representation to potentially reduce penalties and avoid extending the probation period.