Understanding Texas DWI Probation for CDL Holders

If you are facing a DWI charge while holding a Commercial Driver’s License (CDL) in Texas, you may feel overwhelmed, confused, and uncertain about your future. At Deandra Grant Law, we understand the stress and concern that comes with such a situation, and we want to assure you that we are here to guide you through every step of this legal challenge. It is important to know that a DWI conviction can have serious consequences, not only for your driving privileges but also for your livelihood. CDL holders, in particular, face heightened risks, and we are here to help you explore all possible avenues for a successful case result.

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What is DWI Probation in Texas

In Texas, driving while intoxicated (DWI) is a serious offense, and it can result in both criminal penalties and administrative consequences. For those who hold a Commercial Driver’s License (CDL), the impact of a DWI conviction is even more severe. Probation, also known as deferred adjudication, may be an option for some individuals charged with a DWI, depending on the specifics of their case.

DWI probation is a form of punishment that allows individuals convicted of a crime to avoid jail time by following certain conditions set by the court. Instead of serving a sentence in jail, you may be required to adhere to a set of rules and restrictions, such as attending alcohol education programs, undergoing substance abuse counseling, performing community service, or submitting to regular drug and alcohol testing. If you successfully complete the terms of probation, the court may dismiss the charges against you.

However, when it comes to CDL holders, probation can be more complicated. If you are convicted of a DWI, you may face an automatic suspension of your CDL, regardless of whether you are placed on probation. It is important to understand that even though probation may offer an alternative to jail time, it does not necessarily protect your commercial driving privileges. This is where having the right legal representation becomes critical.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Senior Associate

Makenzie Zarate

Criminal Division DWI Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

The Impact of a DWI on Your CDL

As a CDL holder, a DWI conviction in Texas carries significant consequences. A first offense DWI can result in the suspension of your CDL for at least one year, and in some cases, it can be longer. This can put a major strain on your ability to earn a living, especially if driving is your primary job. For second and subsequent offenses, the penalties can be even harsher, with the possibility of permanent disqualification from holding a CDL.

If you were arrested for a DWI but have not yet been convicted, it is still possible that your CDL could be suspended as a result of the arrest itself. Texas law allows for the suspension of your commercial driver’s license for refusing to submit to a breathalyzer test or if your blood alcohol concentration (BAC) is above the legal limit. This suspension can last for up to one year for a first offense and can be extended for subsequent offenses.

This is why it is essential to take swift action and hire an experienced attorney who understands the nuances of Texas DWI laws for CDL holders. The legal team at Deandra Grant Law has the knowledge and resources to help you navigate these challenges and protect your rights.

"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."

- N. Coulter

"Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."

- P. Williams

"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."

- M. Haley

Can CDL Holders Receive Probation for a DWI in Texas?

In Texas, probation is typically available for first-time offenders, but the eligibility of a CDL holder for probation can be complex. While probation can be a useful option for some individuals, it is important to understand that it may not be available in all cases, especially for CDL holders. The Texas Department of Public Safety (DPS) has strict rules when it comes to commercial drivers, and a DWI conviction may result in the loss of your CDL regardless of the probation outcome.

However, in some cases, it may still be possible to avoid a conviction by securing probation. A skilled attorney can help you argue your case and work with the court to secure a favorable outcome, such as deferred adjudication. With deferred adjudication, you may be able to avoid a conviction on your criminal record, but it’s important to note that this still may not prevent a suspension of your CDL.

What Are the Consequences of DWI Probation for CDL Holders?

Even if you are granted probation, the consequences of a DWI conviction can still affect your CDL. It is crucial to recognize that a DWI conviction can have both criminal and administrative consequences. While probation might offer a chance to avoid jail time, it does not guarantee that your CDL will remain intact.

If you are convicted of a DWI, you may be disqualified from holding a CDL for at least one year, depending on the circumstances of your case. Even with probation, the Texas Department of Public Safety may impose a suspension on your CDL. The good news is that an attorney can work with you to address these issues and potentially reduce the impact of the conviction on your driving privileges.

For individuals who depend on their CDL to make a living, a suspension can be financially devastating. That is why it is essential to seek legal representation as soon as possible to explore every available option for minimizing the consequences of a DWI charge.

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The Role of an Attorney in DWI Cases for CDL Holders

Navigating a DWI case as a CDL holder requires a deep understanding of both the criminal justice system and the regulations governing commercial drivers. An experienced attorney can help you understand the complex rules surrounding DWI probation for CDL holders and advise you on the best course of action.

At Deandra Grant Law, we believe in providing compassionate and knowledgeable legal representation. We understand the unique challenges CDL holders face when charged with a DWI, and we are dedicated to fighting for the best possible outcome for your case. Whether that means seeking probation, negotiating for a reduced sentence, or exploring other legal strategies, we are here to help you at every step.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

What to Expect When Working with Deandra Grant Law

When you contact Deandra Grant Law, you can expect personalized attention and a clear explanation of the legal process. Our team will thoroughly review the facts of your case, gather evidence, and explore every available defense to help you avoid a conviction and protect your CDL. We will work tirelessly to help you secure the best possible outcome, whether that means probation, a reduction in charges, or even the dismissal of your case.

We understand that facing a DWI charge with a CDL can be a stressful and uncertain experience. You don’t have to navigate it alone. With our help, you can gain the peace of mind that comes with knowing you have a dedicated legal team working in your best interest.

If you are a CDL holder facing a DWI charge, don’t wait to get the help you need. At Deandra Grant Law, we are committed to providing you with the best legal representation possible to help you secure a favorable outcome. We understand the impact that a DWI conviction can have on your career and your future, and we are here to guide you through this challenging time. Contact us today to discuss your case and learn how we can help you.

To learn more about this subject click here: The Types of Probation Violations and Their Consequences

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