The state of Texas has strict laws concerning operating a vehicle while intoxicated. For those who drive professionally, these penalties can be enhanced if they are convicted of a commercial vehicle DWI. Along with the very real possibility of long jail terms and hefty fines, your commercial driver’s license and your professional livelihood are at stake if you have been accused of such a crime.
Considering the high stakes involved in a commercial vehicle DWI, it would be in your best interest to immediately begin the legal process and figure out the options that you may have. The most efficient way of figuring out your proper course of action is to work with a qualified criminal defense attorney who has the legal knowledge and experience necessary to successfully defend your name and freedom.
Commercial Vehicle DWI Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
With all that is at stake, both socially and professionally, taking the steps necessary to refute the charges and get back to living your life is essential. Retaining legal counsel right from the very start will immediately put you in an advantageous position, giving you the time and resources to develop a truly effective defense strategy.
Call (972) 233-5700 or fill out an online form to schedule a free and confidential consultation with Law Offices of Richard C. McConathy today. Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Commercial Vehicle DWI under Texas Law
A commercial vehicle driver with a blood alcohol content of .04 or higher is considered intoxicated under Texas state law. Any commercial vehicle driver operating a commercial vehicle in Texas with a BAC of .04 or higher can be subject to all of the punishments handed out for other drivers who had a BAC of .08 or higher.
“Commercial motor vehicle” is defined under Texas law as a motor vehicle or combination of motor vehicles used to transport passengers or property that:
- has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;
- has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;
- is designed to transport 16 or more passengers, including the driver; or
- is transporting hazardous materials.
Arlington Penalties for Commercial Vehicle DWI
A person charged with a commercial vehicle DWI in the state of Texas will be subject to the same penalties that a regular driver has to deal with, including the potential for a loss of license, which is detailed in the next section.
Driving while intoxicated is considered a Class B misdemeanor in Texas, and comes with a presumptive sentence of up to 180 days in jail and/or fines not to exceed $2,000.
If the driver is found to have a blood alcohol content of .15 or higher, the charge will be increased to a Class A misdemeanor. If convicted, a Class A misdemeanor comes with a presumptive sentence of up to one year in jail and/or fines not to exceed $4,000.
Fort Worth Implied Consent and License Suspension
The state of Texas is an implied consent state. The driver of a commercial motor vehicle is “considered to have consented” to blood alcohol testing, and a police officer, with probable cause, may request such samples. Refusal to submit to testing will result in the immediate suspension of driving privileges for 24 hours, and disqualification of driving rights for at least one full year.
A person who holds a commercial driver’s license will lose his driving privileges for a period of one year if:
- they have been convicted, for the first time, of driving under the influence of alcohol or narcotics;
- they refuse to submit to a test to determine the level of alcohol in the body;
- if blood, breath, or urine test determines there was an alcohol level of 0.04 or more while operating the commercial vehicle in a public place; or
- if there was an alcohol level of .08 or more while operating a motor vehicle (not a commercial vehicle) in a public place.
The Texas licensing bureau has the final say on if a person is eligible to have their commercial driver’s license reinstated after a period of ten years. This decision to reinstate will be likely as long as certain conditions are present. However, should the reinstated driver be convicted of a similar offense, he will permanently lose his license with no possibility of reinstatement.
Dallas Commercial Vehicle DWI Legal Resources
Texas DPS – Commercial Vehicle Enforcement Service – This link details information on the special program that the Texas Department of Public Safety developed in regards to commercial vehicle safety. The objective of the Commercial Vehicle Enforcement Service is to reduce accidents, protect state highways, and protect the rights of those driving on public roads and highways.
Commercial Motor Vehicle Drivers Handbook – This links to a .PDF version of the Texas DPS Commercial Motor Vehicle Drivers Handbook which goes into detail on subjects like licensing tests, driving safely, transporting passengers, registration and regulations.
Texas Department of Motor Vehicles – The Texas Department of Motor Vehicles (DMV) is responsible for registering and titling vehicles in the state, regulating motor carrier operating authority, and helping law enforcement agencies reduce auto theft to increase public driving awareness. The address is:
Texas Dept. of Motor Vehicles
1925 E. Beltline Rd., Suite 100
Carrollton, Texas 75006
Phone: (972) 417-0884
Texas Constitution and Statutes – This link is to section 49.04 of the Texas Penal Code, which defines driving while intoxicated in Texas and the potential penalties for a conviction. The Texas Penal Code contains all of the criminal laws in Texas; Chapter 49 pertains to all of the state’s intoxication laws.
Find A Dallas County Defense Attorney for Commercial Vehicle DWI Charges | Law Offices of Richard C. McConathy
If you are currently being charged with a commercial vehicle DWI in North Texas, the time is now to make sure that are positioned in a way that protects you from the worst of the penalties commonly handed down for such an offense. The attorneys of Law Offices of Richard C. McConathy have proven that they are committed to representing their clients to the utmost of their ability while using their legal knowledge to navigate the treacherous waters of the Texas criminal process.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.