Commercial Driver’s License (CDL) Privileges following a DWI arrest
If you have been arrested for a DWI, you might face the suspension of your regular driver’s license, pay fines and may possibly face a jail sentence if you have a commercial driver’s license (CDL). Your CDL will also be suspended regardless of whether it is your first or a repeat DWI conviction in order to comply with the Federal Motor Carrier Improvement Act.
At the time of your DWI arrest, your CDL can be suspended for a minimum of one year, whether or not you were driving a commercial or non-commercial vehicle. This is why it is imperative and extremely vital to employ an experience, skilled, and trained Texas DWI Defense Attorney to represent you in court.
The Loss of Your CDL after a DWI Conviction
If one is accused and/or convicted of operating a commercial vehicle while intoxicated, a blood alcohol content (BAC) of .04 or higher is considered over the legal alcohol limit. You can lose your CDL permanently if convicted as a repeat DWI offender. After 10-years of having a CDL revoked, in certain circumstances, you can apply for a reinstatement.
The Texas Commercial Driver’s License Act dictates the requirements, by law, what the terms and conditions are, relating to an individual when investigated, and/or charged/accused of Driving While Intoxicated (whether in a commericial vehicle, or in a regular vehicle). CDL holders have different law which apply, and under Section 522 of the Texas Transportation Code, a commercial vehicle driver is considered to have consented to a blood or alcohol test, should an investigating law enforcement officer deem to have sufficient probable cause to arrest the driver. If the driver refuses to submit to a blood or breath test, their driving privileges will be automatically suspended for at least 24 hours, and the driving rights can be revoked for at least one year.
Challenging a DWI Charge
You have 15 days to schedule an Administrative License Revocation (ALR) Hearing after a DWI arrest. The purpose of an ALR hearing is to determine whether or not your driver’s license and/or your CDL should be suspended or not. During the ALR hearing, the arresting officer is put under oath for questioning. Having an experienced Texas DWI Defense Attorney present will help raise important issues that may suggest whether or not proper procedures were followed or not at the time of the arrest.
Your attorney may question whether or not the officer had reasonable suspicion to pull you over. An attorney may also question if the Standardized Field Sobriety Tests were administered correctly. If given a breath test, an attorney may question as to whether the Intoxilyzer 5000 machine was calibrated properly. If given a chemical blood specimen was obtained, it is imperative to collect all relevant information possible, including if it was conducted according to proper protocols, so the integrity of the sample is maintained.
No matter what the charge is or what is the circumstance is, contact the legal team at The Law Offices of Carl David Ceder to help mount the best defense possible. CDL holders perhaps have the most to lose when contesting a charge of Driving While Intoxicated. Carl and his staff will fight for you and fight for your rights, and exhaust remedies available in your defense. Give the office a call to help you through the difficult legal process you may be facing ahead. You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and personal assistance. E-mail messages will be responded to with 24-48 hours, depending on whether Carl is in trial.