If you are a Dallas commercial vehicle driver or possess a commercial driver’s license (CDL) and are pulled over on suspicion of driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or drugs, you could face severe CDL suspensions, revocations or disqualifications.
A commercial driver’s privileges are usually disqualified after drinking and driving, or committing other acts related to DWI. Under Texas law, if an individual is disqualified, their privileges to operate a commercial motor vehicle are withdrawn, including license suspension, cancellation, or revocation.
If your commercial driver’s license has been suspended due to a DWI-related offense, it is important to hire an experienced Dallas DWI attorney who will make every effort to help you reinstate your license.
Commercial Driver’s License Suspension Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If your CDL was suspended for DWI-related acts in Dallas or any of the surrounding areas in Texas, including Garland, Grand Prairie, Irving, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Attorney Richard McConathy will help you fight your commercial license suspension and make every effort to help you reinstate your license. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your commercial driver’s license suspension.
CDL Implied Consent in Texas
Under Tex. Transp. Code Ann. § 522.102, a commercial driver is considered to have given implied consent to an alcohol concentration or controlled substance testing in the breath, urine, or blood while stopped or arrested on suspicion of DWI when driving the commercial vehicle.
An officer must have probable cause to believe the driver is under the influence of alcohol or drugs when requesting the individual submit to testing.
Dallas CDL License Suspension for Refusal
An individual who is a commercial driver and pulled over by a law enforcement officer on suspicion of driving while intoxicated is required to submit to chemical testing of the breath or blood to determine the alcohol concentration level. If the individual refuses, their license will be subject to an administrative license suspension. This type of suspension is not a criminal penalty and can occur even if the individual is not subsequently charged with or convicted of a DWI offense.
A commercial driver will be disqualified from their commercial driving privileges for a period of at least one year upon a refusal to submit to testing under Tex. Transp. Code Ann. § 522.081(b)(3).
A refusal to submit or failing to pass an intoxication test will also result in an immediate 24-hour suspension from driving their commercial vehicle, according to Tex. Transp. Code Ann. § 522.101.
According to section 724.041 of the Texas Transportation Code, anyone who has received an administrative license, including commercial drivers, is permitted to a hearing by the State Office of Administrative Hearings. The request for a hearing must be made in writing within 15 days after receiving notice of the license suspension.
Dallas CDL Disqualification for Certain Alcohol Concentration Levels
Another form of administrative license revocation for commercial drivers can occur if the commercial driver fails to pass an intoxication test. Even if they are not subsequently charged with or convicted of a DWI offense, their license can be suspended.
If the commercial driver submitted to chemical testing of their blood or breath and failed an intoxication test with an alcohol concentration level of .04 while driving their commercial motor vehicle, their commercial driving privileges can be disqualified for one year, even if they are not convicted of a DUI offense. The disqualification period will increase to three years of they were transporting hazardous material.
A commercial driver who fails an intoxication test with an alcohol concentration level of .08 while operating any other type of motor vehicle can receive a disqualification of their commercial driving privileges for a one-year period.
CDL Disqualification After a DWI Conviction in Dallas
If a commercial driver is convicted of a DWI-related offense, they can receive both a criminal and an administrative license suspension or disqualification. According to Tex. Transp. Code Ann. § 522.081, a commercial driver’s first DWI conviction can result in disqualification from operating a commercial vehicle for one year. If the offense involved transporting hazardous material, the disqualification can increase to a three-year period.
An individual can receive a lifetime commercial driving disqualification if they are convicted of a combination of any two or more of the following offenses on separate occasions:
- Any DWI,
- Leaving the scene of an accident when the commercial driver was involved,
- Using a motor vehicle to commit a felony,
- Driving with a suspended or revoked commercial driver’s license, and/or
- Causing the death of another person with the negligent or criminal operation of a vehicle.
An individual can also receive a lifetime commercial driving disqualification for any combination of two or more of the following acts on separate occasions:
- A conviction for any of the offenses listed above,
- Refusing to submit to alcohol concentration level testing,
- Submitting to testing and having an alcohol concentration level of .04 or higher while operating a commercial vehicle, and/or
- Submitting to testing and having an alcohol concentration level of .08 or higher while operating any motor vehicle.
CDL Reinstatement in Texas
If an individual has been disqualified from driving a commercial vehicle for life, they may be able to reinstate their CDL, according to the Tex. Transp. Code Ann. Ann. § 522.082.
In order to reinstate a CDL, the individual must have been disqualified for at least a 10 year period and meet the Department of Public Safety’s conditions for reinstatement. If the individual is convicted of another disqualifying event after their license has been reinstated, they will be permanently disqualified and not eligible for reinstatement.
Find A Dallas County Defense Attorney for CDL Revocation | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about your disqualification of commercial driving privileges throughout Dallas County in Texas. Richard McConathy is an experienced Dallas DUI attorney who will make every effort to help you reinstate your commercial driver’s license.
Call (972) 233-5700 right now for a consultation about your alcohol or drug DWI license suspension throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County, and Tarrant County.