If you hold a Commercial Driver License (CDL) in Texas and face DWI charges, your career and financial future hang in the balance. At the Law Offices of Richard C. McConathy, we understand that your CDL represents your livelihood. With over 20 years of experience defending Texas DWI cases, our Dallas-based firm has successfully protected commercial drivers from disqualification and job loss.
An experienced Dallas DWI Defense Lawyer can step in immediately to protect your CDL and challenge disqualification.
📞 Call (972) 528-0116 for immediate CDL DWI defense consultation
What Makes CDL DWI Different from Regular DWI in Texas
Commercial drivers operate under dual regulatory oversight – both Texas state law and federal Department of Transportation (DOT) regulations through the Federal Motor Carrier Safety Administration (FMCSA). This creates unique challenges that most DWI attorneys don’t fully understand.
Lower Blood Alcohol Limits ⚠️
| Driver Type | BAC Limit | Consequences |
|---|---|---|
| Regular Driver | 0.08% | License suspension, criminal penalties |
| CDL Holder (Commercial Vehicle) | 0.04% | Immediate disqualification + criminal penalties |
| CDL Holder (Personal Vehicle) | 0.08% | Still affects CDL privileges |
Critical Point: Even a DWI in your personal vehicle can disqualify your commercial driving privileges, affecting your ability to earn a living.
Federal vs. State Consequences
Texas CDL holders face a two-pronged attack: criminal charges in state court (fines, jail time, probation) and administrative action against your CDL through the Texas Department of Public Safety (DPS).
Unlike regular DWI cases where you might qualify for deferred adjudication, CDL holders cannot use deferred adjudication for any DWI or traffic violations under federal regulations. This makes outright dismissal or charge reduction crucial for protecting your commercial driving career.
Texas CDL DWI Penalties & Disqualification Periods
The consequences for CDL DWI convictions follow a progressive penalty structure that becomes increasingly severe:
First CDL DWI Conviction
- 1-year CDL disqualification (minimum)
- 3-year disqualification if transporting hazardous materials
- Criminal penalties: Up to 180 days in jail, fines up to $2,000
- SR22 insurance requirements
Second CDL DWI Conviction
- Lifetime CDL disqualification
- Criminal penalties: Up to 1 year in jail, fines up to $4,000
- No possibility of hardship license for commercial purposes
Additional Disqualifying Offenses
CDL holders can lose their commercial privileges for offenses beyond DWI:
- Refusing chemical testing (1-year disqualification)
- Leaving the scene of an accident
- Using a commercial vehicle in felony drug crimes
- Excessive speeding (15+ mph over limit)
💡 Critical Fact: The majority of CDL holders who lose their commercial licenses due to DWI face significant barriers returning to commercial driving, with many companies having zero-tolerance policies for hiring drivers with DWI convictions.
License Suspension vs. Disqualification: Understanding the Difference
Many people confuse suspension with disqualification, but for CDL holders, the distinction is crucial:
Suspension
- Temporary removal of driving privileges
- Can apply for reinstatement after meeting requirements
- May qualify for occupational/hardship license (personal driving only)
Disqualification
- Complete loss of commercial driving privileges
- Cannot drive commercial vehicles during disqualification period
- No hardship license available for commercial purposes
- Must wait full disqualification period before reapplying
Administrative License Revocation (ALR) Process for CDL Holders
Texas operates under implied consent laws, meaning CDL holders automatically consent to chemical testing. However, you have critical deadlines to protect your rights:
15-Day Deadline ⏰
You have only 15 days from your arrest to request an ALR hearing. Missing this deadline results in automatic license suspension, regardless of your criminal case outcome.
What Happens at an ALR Hearing
- Separate from criminal case – different judge, different rules
- Focus on administrative violations (refusal to test, BAC over limit)
- Can subpoena the arresting officer for testimony
- Opportunity to challenge evidence before trial
Our firm has successfully challenged ALR proceedings by questioning traffic stop validity, challenging breath test machine calibration records, and exposing procedural violations in evidence collection.
Proven Defense Strategies for Texas CDL DWI
Defending CDL DWI cases requires specialized knowledge of both criminal law and DOT regulations. Our successful defense strategies include challenging traffic stop validity under Fourth Amendment protections, questioning field sobriety tests (which become less reliable for commercial drivers due to physical demands and medical conditions), scrutinizing breathalyzer and blood test procedures, and negotiating lesser charges that can be career-saving for CDL holders.
| Challenge Type | Success Factors |
|---|---|
| Machine Calibration | Maintenance records, certification dates |
| Chain of Custody | Evidence handling procedures |
| Medical Factors | Diabetes, GERD, medications affecting results |
| Rising BAC Defense | Time between driving and testing |
For CDL holders, charge reduction can be career-saving through options like Obstruction of Highway (no CDL impact in some cases), Reckless Driving (may avoid federal disqualification), or Deferred Disposition on non-DWI charges.
Why You Need a Specialized Texas CDL DWI Lawyer
CDL DWI defense requires dual expertise in both criminal defense and transportation law. The Law Offices of Richard C. McConathy has successfully defended hundreds of DWI cases in Dallas and surrounding counties, with particular expertise in commercial vehicle DWI defense, administrative hearings and license protection, and federal compliance issues.
📞 Contact our experienced Texas DWI defense team at (972) 528-0116
Take Action Now: Protect Your CDL and Career
Time is critical in CDL DWI cases. Every day you wait:
- Evidence disappears or becomes harder to challenge
- Witnesses’ memories fade
- Administrative deadlines pass
- Employment consequences worsen
What We’ll Do Immediately:
We’ll request ALR hearing to protect your license, review all evidence for constitutional violations, communicate with your employer when appropriate, develop comprehensive defense strategy, and begin negotiating with prosecutors. Our commitment includes same-day consultations, direct attorney access throughout your case, transparent pricing with no hidden fees, and proven results protecting commercial licenses.
Don’t let a DWI charge end your driving career. Contact the Law Offices of Richard C. McConathy today for experienced CDL DWI defense.
Get Expert Legal Help Today
📞 Call (972) 528-0116 for immediate consultation
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Serving Dallas, Fort Worth, Irving, Plano, Carrollton, Richardson, and all North Texas communities
The Law Offices of Richard C. McConathy – Protecting your freedom, your license, and your livelihood since 2002.
Frequently Asked Questions About Texas CDL DWI
How does a CDL DWI affect my job?
Most commercial employers have zero-tolerance policies for DWI convictions. Even during the pendency of charges, many companies will suspend or terminate drivers. A conviction typically results in permanent job loss and difficulty finding new employment in commercial driving.
Can I keep driving after a DWI arrest?
You may continue driving until your court date or ALR hearing, unless your license is immediately suspended. However, many employers will suspend driving privileges upon learning of DWI charges, regardless of legal status.
What happens at an ALR hearing for CDL holders?
ALR hearings determine whether your driving privileges will be suspended administratively. For CDL holders, this can trigger immediate employment consequences even before criminal resolution. The hearing focuses on:
- Whether you were legally arrested
- Whether you refused testing or tested over the legal limit
- Whether you were properly warned of consequences
What is the BAC limit for CDL drivers in Texas?
CDL holders face two different limits:
- 0.04% while operating commercial vehicles
- 0.08% in personal vehicles (but CDL still affected)
Any violation results in CDL consequences regardless of which vehicle you were driving.
Is a CDL DWI automatically a felony?
No, first-offense CDL DWI is typically a Class B misdemeanor. However, it becomes a felony DWI if:
- You have prior DWI convictions
- Someone was injured (Intoxication Assault)
- A child was in the vehicle
Can I get an occupational license to drive commercially?
No. Texas does not issue occupational or hardship licenses that allow commercial driving during a disqualification period. You may only obtain restricted licenses for personal driving needs.
How long does CDL reinstatement take?
After completing your disqualification period, CDL reinstatement requires:
- Paying reinstatement fees
- Completing any required education programs
- Providing SR22 insurance proof
- Passing knowledge and skills tests (in some cases)
- DOT medical certification
The process typically takes 2-4 weeks after submitting complete documentation.