If you’re a commercial driver’s license (CDL) holder, a DWI arrest or conviction can seriously affect your livelihood. Your CDL could be disqualified for a certain length of time, or your commercial driving privileges could be permanently removed. Because CDL holders do not qualify for occupational licenses, being subject to these penalties means that you would not be able to operate a commercial vehicle, which could affect your income.
You can challenge the disqualification of your CDL by requesting and attending an Administrative License Revocation (ALR) hearing or fighting your charge in court. An attorney can help develop and present your arguments to assist in seeking to preserve your commercial driving privileges.
At Deandra Grant Law, our Dallas team provides legal representation for court and ALR hearings. Schedule a consultation by contacting us at (214) 225-7117.
What Does CDL Disqualification Mean?
CDL disqualification means that your privileges to operate a commercial vehicle have been removed. The difference between a disqualification for a CDL and a suspension for a non-commercial driver’s license is that with a suspension, a judge may allow limited driving privileges during the suspension period; with a disqualification, such opportunity does not exist.
In a DWI matter, your CDL could be disqualified in two ways. The first is after your arrest. If you refuse a blood or breath test, the officer will take your license and issue a notice of disqualification. If you take the chemical test, you will keep your CDL until the results come back. If the analysis shows that your alcohol concentration was at or above the legal limit, a notice of disqualification will be mailed to you.
The second way your CDL could be disqualified is if you’re convicted of driving while intoxicated. As part of your sentence, the judge will order that your commercial driver’s license be suspended for a certain period of time.
What Is the Disqualification Period for a CDL?
The amount of time you could be without your commercial driving privileges depends on the situation and your history.
Below are the possible disqualification periods:
- First-time chemical test refusal, failure, or criminal conviction:
- 1 year
- First-time chemical test refusal, failure, or criminal conviction if you were transporting hazardous waste:
- 3 years
- Second-time chemical test refusal, failure, or criminal conviction:
- Lifetime
If you’re subject to a lifetime disqualification, you could seek to have your CDL restored after 10 years. You must meet certain criteria to be eligible for reinstatement. Your license will be permanently disqualified if you commit another DWI after getting your CDL privileges back.
A chemical test failure means that you provided a blood or breath sample, and the results indicated that your blood alcohol concentration (BAC) was at or above the legal limit. The legal limit is tied to the type of vehicle you were driving at the time of the alleged DWI. For commercial vehicles, the legal limit is 0.04 or more. For non-commercial vehicles, it is 0.08 or more.
Note that your commercial driving privileges could be disqualified even if you were operating a non-commercial vehicle when you were stopped for DWI.
In cases where a person’s non-commercial CDL is suspended because of a commercial DWI, the individual can apply for an occupational license, allowing them to drive for work, school, or household duties. Unfortunately, an occupational license cannot be granted to CDL holders. If their license is disqualified, they are prohibited from operating a commercial vehicle during the disqualification period.
CDL Drivers Face Stricter DWI Standards
For commercial drivers, the legal blood alcohol concentration (BAC) limit is lower than it is for regular drivers. While the legal BAC limit for most drivers in Texas is 0.08 percent, the limit for CDL holders is 0.04 percent. This means that even a small amount of alcohol could put a commercial driver at risk of a DWI charge. This strict standard is in place because commercial drivers are responsible for operating large and heavy vehicles, which can be more dangerous in an accident.
A DWI charge can have serious consequences for CDL holders. Even a first-time offense can result in a loss of your CDL for at least one year. This can make it impossible to work and support your family. Additionally, a DWI conviction will stay on your record and can make it harder to find work as a commercial driver in the future. It is important to take any DWI charge seriously and take steps to protect your rights and your career.
How Do You Challenge a CDL Disqualification?
Challenging your CDL disqualification requires attending an ALR hearing and/or going through the criminal justice process. The path your case takes depends on whether your privileges are at risk following your arrest or because you are fighting a criminal charge.
The ALR hearing is separate from the criminal proceedings. It isn’t concerned with guilt or innocence of DWI. Instead, it focuses on whether your stop and arrest were lawful or you refused or failed a chemical test.
You must request an ALR hearing within 15 days after the officer gave you the notice of disqualification (if you refused a chemical test) or within 20 days after receiving a mailed notification of disqualification (if you took the chemical test and were waiting on the results). Failing to request a hearing will result in your CDL being disqualified. The sanction goes into effect on the 40th day after you received your notice.
An Administrative Law Judge will hear both sides of the case. If they find that you refused or failed the chemical test, your disqualification will remain. If they decide in your favor, your CDL won’t be disqualified.
The criminal proceedings concern whether you are guilty of driving while intoxicated. Technically, you are not directly challenging the disqualification of your CDL in this process. Instead, you are fighting your criminal charge. If you are not convicted of the offense, you won’t face the criminal penalties that include losing your CDL.
Understanding Unlawful Stops
In Texas, police officers must have a valid reason to stop any vehicle. This means they need to have a suspicion that a driver has violated a traffic law or is engaging in criminal activity. An unlawful stop happens when an officer pulls someone over without any valid reason. For commercial drivers, this can be especially troubling because their livelihoods depend on maintaining a clean driving record. If an officer stops you without a valid reason and then arrests you for DWI, this can be an unlawful stop. Understanding what counts as an unlawful stop is key to protecting your rights.
When an officer makes an unlawful stop, they are violating your Fourth Amendment rights. The Fourth Amendment protects people from unreasonable searches and seizures. This means police officers cannot just pull over drivers at random or without a good reason. If a stop is made without a valid reason, any evidence gathered during that stop, such as results from a breathalyzer test or field sobriety tests, may not be admissible in court. This can be a critical point for CDL holders facing DWI charges, as it could make the difference in the outcome of their case.
What to Do If You Are Stopped by the Police
If you are pulled over by the police while driving a commercial vehicle, it is important to remain calm and respectful. Even if you believe the stop is unlawful, you should not argue with the officer at the scene. Instead, follow the officer’s instructions, provide your driver’s license and vehicle registration when asked, and be polite. You have the right to remain silent and do not have to answer questions about where you are going or where you have been. The less you say, the better. Anything you say can be used against you later in court.
Defending Against Unlawful Stops in DWI Cases
If you have been charged with a DWI after being pulled over unlawfully, there are ways to challenge the charge. Your defense attorney can investigate the details of the stop to determine if the officer had a valid reason to pull you over. This might involve looking at the police report, reviewing dashcam footage, or talking to witnesses. If it can be shown that the officer did not have a valid reason to stop you, any evidence collected during the stop may not be used in court. This could lead to the charges being reduced or dismissed.
An experienced attorney can also help you challenge the results of any sobriety tests that were conducted. Breathalyzer tests and field sobriety tests are not always accurate and can be affected by a number of factors, such as medical conditions or environmental conditions. If the tests were not administered correctly or if the results are questionable, your attorney can argue that they should not be considered valid evidence.
The Impact of a DWI Charge on CDL Holders
The impact of a DWI charge on a CDL holder can be severe and long-lasting. A conviction can lead to a loss of your license, which can make it impossible to work as a commercial driver. It can also affect your personal driving record and result in increased insurance rates. This is why it is so important to fight any DWI charges aggressively. In many cases, it is possible to have the charges reduced or dismissed, but this requires a strong defense and a thorough understanding of the law.
It is also important to note that CDL holders are subject to different rules than regular drivers. For example, if you are convicted of DWI while driving a personal vehicle, it can still affect your commercial driver’s license. This is because CDL holders are held to a higher standard, even when they are not driving a commercial vehicle. This means that even a DWI conviction in your personal vehicle can result in the suspension or revocation of your CDL.
Understanding Field Sobriety Tests
Field sobriety tests are a series of physical and cognitive assessments administered by police officers during a traffic stop. The most commonly used tests are the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). Each of these tests is designed to evaluate a driver’s balance, coordination, and ability to follow instructions, which can be impaired by alcohol or drugs.
The Horizontal Gaze Nystagmus test involves the officer observing the driver’s eyes as they follow a moving object, usually a pen or flashlight. The officer looks for involuntary jerking of the eyes, which can indicate intoxication. The Walk-and-Turn test requires the driver to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The One-Leg Stand test asks the driver to stand on one foot while counting aloud. Each of these tests has specific criteria that officers use to judge whether the driver has passed or failed.
Immediate Consequences of a DWI Arrest for CDL Holders
The immediate consequences of a DWI arrest for a CDL holder in Texas can be swift and severe. If you are arrested for DWI, you face not only criminal penalties but also administrative penalties from the Texas Department of Public Safety (DPS). Upon arrest, you may face a suspension of your CDL, which can begin even before your case goes to court. This suspension can last for a minimum of one year for a first-time offense if you were driving a commercial vehicle at the time of your arrest. If you were driving a personal vehicle, the CDL suspension still applies, showing how impactful any DWI charge can be for your career.
A DWI arrest can also result in a disqualification of your CDL, meaning you are not allowed to operate any commercial vehicles until your disqualification period is over. During this time, you may still face challenges in your personal life, as the ability to drive is restricted even for non-commercial driving, affecting your ability to get around for daily tasks.
Speak with an Attorney About Your Case
If you’re a CDL holder arrested for or charged with a DWI in Dallas or the surrounding areas, retain the services of a lawyer who can represent you at the ALR hearing and criminal proceedings. At Deandra Grant Law, we have extensive experience providing counsel through all stages of a DWI case.
Get started on your defense by calling us at (214) 225-7117 or submitting an online contact form today.