Commercial Vehicle DWI

The penalties for driving while intoxicated (DWI) can land you in hot water. A DWI conviction could lead to drowning fees in the thousands, and even incarceration. For commercial drivers, the consequences are even worse. You won’t only be saddled with statutory penalties, but administrative consequences related to your career

Licensing agencies reserve the right to discipline drivers who are charged or convicted of a serious traffic offense. Driving while intoxicated could lead to a disqualification of your commercial driver’s license in addition to the criminal penalties associated with DWI.

It’s time to start your defense now. Do what’s best for you and contact an attorney at Tyler Flood & Associates, Inc..

Attorney for Commercial DWI in Houston, Texas

Commercial drivers have a lot to lose when they are charged with DWI.  You won’t only be burdened with criminal penalties, but career-related consequences.  A DWI conviction could mean a lifetime disqualification of your commercial driver license (CDL). It’s time you start your defense to protect your future. Do that now by contacting Tyler Flood & Associates, Inc..

The attorneys at Tyler Flood & Associates, Inc. are skilled in DWI law. We have represented numerous clients, including commercially licensed drivers. Call Tyler Flood & Associates, Inc. at (713) 224-5529 for a case evaluation.

Tyler Flood & Associates, Inc. accepts clients throughout the Houston metroplex area including West University Place, Greenspoint, Pasadena and Uptown.

Overview of Commercial DWI in Texas


Penalties for Commercial Driver DWI in Texas

Driving while intoxicated can lead to serious legal consequences for anyone. However, commercial drivers face an even greater risk. If you’re convicted, you’ll be forced to face statutory penalties and career-related consequences. You could lose your commercial driver’s license for up to one year for a DWI conviction. Multiple convictions could even result in disqualification for life.

Listed below are the statutory penalties for driving while intoxicated in Texas.

  • First Offense – Class B Misdemeanor
    • A fine of up to $2,000;
    • Up to 100 hours of community service;
    • License suspension for up to one year;
    • Participation in DWI classes; and
    • Up to 180 days in jail.
  • Second Offense – Class A Misdemeanor
    • A fine of up to $4,000;
    • Up to 200 hours of community service;
    • License suspension for up to two years;
    • Installation of an ignition interlock device;
    • Participation in a diversion program; and
    • Up to 12 months in jail.

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Can A Commercial Driver Refuse DWI Testing?

Implied consent laws state that you are implicitly agreeing to chemical testing if you drive on Texas public roads. These chemical tests use bio-samples to determine a person’s blood-alcohol concentration (BAC). If you have a BAC of. 08 or higher, then law enforcement can charge you for DWI. Refusing chemical testing violates implied consent laws. You won’t face a criminal penalty for a violation, but you will have your license suspended.

Commercial drivers cannot have a limit of or over .04 when they’re driving a commercial vehicle. If you’re driving a non-commercial vehicle, then the legal limit is the standard .08 BAC.

If you choose to submit and fail chemical testing, your CDL will be disqualified for:

  • 1 year if you have a BAC of .04 or more;
  • 1 year if you have a BAC of .08 or more while operating a non-commercial vehicle; or
  • 3 years if you have a BAC of .04 while transporting hazardous materials

If you refuse chemical testing, then your CDL will be disqualified for:

  • 1 year for a first refusal; or
  • 3 years if you refused testing while transporting hazardous materials

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I Have a DWI, Will I Lose My CDL for Life?

Commercial drivers have a responsibility to follow traffic rules for the sake of the general public. Because of this, DWI laws for commercial drivers are especially stringent. You could lose your CDL for life if you have multiple refusals or DWI convictions. There’s also no “look-back period” for prior DWI offenses. This means you could lose your CDL for something that happened years ago.

You could have your CDL disqualified for life if:

  • You were convicted twice for any of the following offenses:
    • DWI;
    • Leaving the scene of an accident;
    • Committing a felony with a motor vehicle;
    • Driving with a revoked or suspended driver’s license; or
    • Causes the death of another person through negligence or criminal means
  • You had any combination of two or more of the following scenarios:
    • A conviction for any of the offenses listed above;
    • Refused chemical testing;
    • A BAC of .04 or higher while operating a commercial vehicle; or
    • A BAC of .08 or higher while operating a motor vehicle

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How to Get Your CDL License After DWI

The first step to getting your CDL license back is by gaining legal representation. A skilled attorney can work alongside you to fight for your livelihood. They can utilize their resources and knowledge to create a sturdy defense for your case. An attorney may even be able to seal or expunge your charges some time.

If your CDL has already been disqualified, then an attorney can request a hearing to contest the action. However, you must act quickly. You can only file a request within 20 days of the disqualification notice. At the hearing, your attorney can present evidence to prove why your disqualification should be refuted. Your hearing will be held at either a county or municipal courts.

A commercial driver’s license can be reinstated after a period of time. To be eligible, the license must be disqualified for at least 10 years and there are no other traffic violations on your driving record.


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Additional Resources

CDL Disqualifications – Visit the official website of the Texas Department of Public Safety (DPS) to learn more about commercial driver license disqualifications. Access the site to learn which traffic violations can lead to CDL disqualification and how to get your CDL license back.

Commercial Driver Laws in Texas – Visit the official website of Texas Legislation to learn more about commercial driver regulations. Access the site to learn more about how to get a CDL, their disqualifications and the Texas Hold‘em initiative.


DWI Lawyer for Commercial Drivers in Houston, Texas

Have you been charged with DWI? Are you also a commercial driver licensed by the state of Texas? If so, it’s crucial you start your defense as soon as possible. A DWI conviction can result in steep fines and possible incarceration. Not only this, but you could lose your commercial driver’s license for life.

Don’t wait another moment and call Tyler Flood & Associates, Inc.. Our attorneys at Tyler Flood & Associates, Inc. understand the ramifications of DWI for commercial drivers. We want to defend you and your livelihood in court with a strong defense. Call us now at (713) 224-5529 for a free case evaluation today.

Tyler Flood & Associates, Inc. accepts clients throughout the Harris County region including Houston, Pasadena, West University Place, Tomball and Bellaire.



This article was last updated on March 7th, 2019.

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Driving While Intoxicated (Blood Draw .16)
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CLIENT TESTIMONIALS

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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
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