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What Happens When a CDL Driver Gets a DUI?

A CDL (Commercial Driver’s License) is essential for truck drivers and commercial vehicle operators, as it authorizes them to handle large vehicles and transport goods or passengers professionally. DWI laws for CDL holders are stricter than for regular drivers, with a lower BAC limit of 0.04% and harsher penalties.

In this article, we’ll explore the legal penalties, employment impact, and possible defense options for CDL holders facing a DWI charge.

If you’re facing a DWI charge in Dallas, don’t wait—contact our experienced Dallas DWI lawyer today to fight for your CDL and future. 

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What is a CDL and why are DWI laws stricter for CDL holders?

Commercial Driver’s License (CDL) is required for individuals who operate large, heavy, or hazardous-material vehicles, such as semi-trucks, buses, and tankers. These drivers play a vital role in the transportation industry, ensuring the movement of goods and passengers across the country.

The Federal Motor Carrier Safety Administration (FMCSA) enforces regulations that require commercial drivers to meet lower blood alcohol concentration (BAC) limits and stricter penalties for violations.

While the legal BAC limit for non-commercial drivers is 0.08%, CDL holders can be charged with a DWI at just 0.04%, even if they are off duty but operating a commercial vehicle.

In Texas, DWI is the primary charge for drivers with a BAC of 0.08% or higher. However, for CDL drivers, the legal limit is 0.04%, and they may face DWI charges if their BAC is between 0.04% and 0.08%.

Because of the potential risks involved, CDL holders are held to higher legal and safety standards than regular drivers. Both federal and state laws impose stricter DWI regulations on CDL drivers to protect public safety.

💡 DWI offenses carry serious consequences for CDL holders, including immediate disqualification from commercial driving, steep fines, and potential job loss. Unlike regular drivers, CDL holders face harsher penalties even for first-time offenses, making legal defense critical in these cases.

Additional reading: Drivers Licence Procedures

Penalties for a CDL DWI Conviction

A DWI conviction for a CDL holder can lead to severe consequences, including license suspension, hefty fines, jail time, and long-term employment impacts. Here’s a breakdown of the penalties CDL drivers face for first, second, and felony DWI offenses:

First Offense DWI with a CDL:

  • License Suspension: Minimum 1-year suspension (3 years if transporting hazardous materials)
  • Fines & Jail Time: Varies by state, but up to $2,000 fine and 180 days in jail
  • Employer Notification: CDL holders must notify their employer within 30 days of the conviction

Second Offense DWI with a CDL:

  • Lifetime CDL Disqualification: Some states allow reinstatement after 10 years
  • Increased Fines & Jail Time: Penalties for fines and jail time increase significantly
  • Severe Employment Consequences: Job loss, difficulty finding new employment in the industry

Felony DWI Offenses with a CDL:

  • Felony Conviction: A second DWI conviction or DWI with aggravating factors (such as injury or death) can result in a felony conviction, permanently disqualifying the driver from holding a CDL.
  • Increased Jail Time & Fines: Felony-level DWI convictions can lead to extended prison sentences (up to 10 years) and fines exceeding $10,000.
  • Permanent CDL Disqualification: A felony DWI results in a lifetime ban from holding a CDL, with no possibility of reinstatement.

Can you get a CDL after a DWI?

Whether you’ve lost your CDL due to a DWI or are looking to obtain one after a conviction, knowing the process and potential challenges is essential for moving forward in the commercial driving industry.

Regaining a CDL after a DWI

If you previously held a CDL and lost it due to a DWI, it is possible to regain it, though the process varies by state. Most states require completion of DWI programs, such as alcohol education and rehabilitation, and impose waiting periods, usually between 1 to 3 years.

You will also likely need to pay fees and meet additional requirements. Once these steps are completed and the suspension period ends, you may be eligible for reinstatement.

However, even after your CDL is reinstated, many trucking companies may hesitate to hire individuals with a DWI conviction, citing liability concerns and insurance challenges. This can make it harder to find employment in the industry.

Obtaining a CDL after a DWI conviction

If you have never held a CDL but have a DWI on your record, obtaining a new CDL can be challenging. The process often includes a waiting period before applying for a CDL, DWI education programs, and additional fees.

After receiving the CDL, obtaining insurance can be difficult, as premiums will likely be higher due to the past DWI, and some insurers may deny coverage altogether.

⚠️Trucking companies may also have strict policies that exclude drivers with a DWI conviction, making it more difficult to secure employment in the industry.

Don’t let a DWI jeopardize your career—our Texas DWI lawyer is here to protect your rights and help you manage the legal process.

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Defenses against a CDL DWI charge

A CDL DWI charge can have severe consequences, but there are several potential defenses we can use to challenge the charges. The effectiveness of each defense depends on the specifics of the case, state laws, and legal strategies.

  • Challenging BAC test results: If the BAC test was improperly administered or the equipment wasn’t calibrated correctly, we can challenge its accuracy in court.
  • Lack of probable cause: If the officer didn’t have a valid reason to pull you over, the evidence may not be admissible.
  • Procedural errors in the arrest: If the officer didn’t follow proper protocol during your arrest, we can argue for a dismissal based on these mistakes.
  • Seeking plea bargains: Depending on the case, we may be able to negotiate a plea deal to reduce the charges to a less severe offense.

Additional reading: How Much Does Your Insurance Go Up After a DUI?

Steps to take after a CDL DWI arrest

  1. Contact our DWI attorney immediately: As soon as you’re arrested, reach out to us right away. We specialize in CDL cases and will immediately begin working on a strategy to protect your rights and guide you through the legal process.
  2. Request an administrative hearing: We will help you request an administrative hearing to contest the suspension of your CDL. Timing is critical, and we’ll ensure that we meet all deadlines to give you the best chance of reducing or avoiding a suspension.
  3. Understand your employer’s policies and legal requirements: We’ll review your employer’s policies and help you understand what’s required of you legally, including any necessary notifications or reporting. We’ll assist in ensuring you comply with these rules while minimizing the impact on your employment.
  4. Complete required alcohol education programs: If your case requires alcohol education or rehabilitation, we’ll guide you through the process. We can help you find the right programs and ensure you complete them to meet legal requirements for CDL reinstatement.
  5. Explore CDL reinstatement options after suspension: After your suspension, we’ll work with you to explore the options for reinstating your CDL. We’ll help with paperwork, required forms, and fees to ensure you’re fully prepared for the reinstatement process.
  6. Maintain a clean driving record: We’ll advise you on how to maintain a clean driving record moving forward to avoid additional penalties and help restore your driving privileges.
  7. Seek advice on insurance options: Insurance can be a challenge after a DWI conviction. We’ll help you understand your options and work with you to find coverage that fits your needs, even if you’ve been affected by higher premiums.
  8. Consider your long-term career options: We will discuss the potential long-term impact on your career and help you assess your options. If regaining your CDL is difficult, we can provide guidance on alternative career paths in the trucking industry or elsewhere.

Additional reading: Can You Get a CDL with a DWI in Texas?

Contact our Dallas DWI Lawyers Today!

If you’ve been arrested for a DWI and are facing the possibility of losing your CDL, it’s vital to act quickly. Our experienced Dallas DWI lawyers specialize in defending CDL holders, and we are here to guide you through every step of the process.

From requesting an administrative hearing to supporting the CDL reinstatement process, we will ensure your rights are protected and help you minimize the long-term consequences of a DWI conviction.

By contacting us today, you can have confidence that our team will handle the legal complexities, provide clear advice, and help you take the necessary steps to get your life back on track. Don’t wait—your CDL and career depend on it.

Call us now at (972) 528-0116 or visit us online to schedule your free consultation.

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Key Takeaways

  • A DWI conviction can lead to serious consequences for CDL holders, including license suspension, fines, and long-term employment challenges.
  • CDL drivers face stricter DWI laws with a lower BAC limit of 0.04% while operating commercial vehicles.
  • First-time DWI offenders with a CDL face suspension, fines, and possible jail time, with harsher penalties for second offenses and potential lifetime disqualification.
  • Seeking legal help immediately is critical for contesting charges, challenging test results, and requesting administrative hearings to protect your CDL.
  • Insurance premiums may increase significantly after a DWI conviction, and some insurers may even deny coverage.
  • After a DWI, completing required programs and exploring CDL reinstatement options can help get your CDL back after suspension.
  • CDL holders should understand their employer’s policies and any employment-related consequences following a DWI charge.

FAQs

How does a DWI conviction affect a CDL holder's job prospects?

A DWI conviction can severely impact a CDL holder’s job prospects. Many trucking companies have strict hiring policies that exclude drivers with DWIs, making it challenging to find employment. Even after reinstating a CDL, higher insurance premiums and employer reluctance can pose significant barriers.

In many cases, you may be able to keep your CDL after a DWI, but it depends on your state and the specifics of the offense. Typically, a first offense may result in temporary suspension, but with the right legal help, you can work to reinstate your CDL.

Yes, a DWI conviction can lead to a significant increase in your insurance premiums. CDL holders with a DWI on their record are considered high-risk drivers, and insurance providers may either raise premiums drastically or refuse coverage altogether. Shopping around for competitive rates is essential.

Categories: Criminal Justice
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