How a Texas DWI/DUI Could Affect Your Commercial Driver’s License

admin1 • August 12, 2013

How a Texas DWI/DUI Could Affect Your Commercial Driver's License

If the driver of a sedan is pulled over and charged with DWI, it can cause some challenges. The inconvenience of a suspended license, the possibility of jail time, as well as the financial hit caused by hefty fines, the court fees and the increased insurance premiums are all significant consequences that no one wants to face. If the driver of a semi truck or other commercial driver’s license holder is convicted of DUI, though, the penalties are even steeper.

Commercial License DWI/DUI

The larger the vehicle, the more possibility for damage in the event of an accident. Semi trucks and 18-wheelers are some of the biggest vehicles on the road, and people driving them must have special instruction. Commercial driver’s licenses (CDLs) are only available to those drivers who have received training and are skilled enough to deal with the unique challenges that come along with operating a larger, more complicated vehicle.

In nearly every American jurisdiction, a passenger vehicle driver is legally intoxicated with a blood alcohol level of .08. That number is much smaller for a CDL operator; instead of a blood alcohol concentration of .08, commercial drivers are considered to be legally intoxicated with an alcohol level of .04, half that of a standard license holder.

Commercial drivers are also treated differently when it comes to detecting alcohol. Passenger vehicle drivers can only be tested if a law enforcement officer has probable cause to think that they are under the influence (i.e. swerving, driving erratically, smelling of alcohol, etc.), but CDL drivers are held to standards set forth by the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (USDOT).

The stricter FMCSA and USDOT regulations allow for driver breath or blood alcohol testing:

  • At random
  • When a driver is suspected of being under the influence
  • When a driver who has previously had his or her CDL suspended is returning to full-time duty
  • After a crash where alcohol is suspected to have been involved

The penalties for commercial driver DWI/DUI are also more severe, since they hit right at the heart of a driver’s livelihood. When a commercial driver is convicted of DWI, he or she loses his license for a minimum of one year. There is the possibility of an appeal to the license revocation, but appeals are rarely successful. This means that a CDL holder will not be able to drive at all for a year, or for three years if he happened to be transporting hazardous materials at the time of the DWI arrest. Another important note is that the increased scrutiny given to CDL drivers applies even if he or she is operating a passenger vehicle at the time of the arrest.

Since a CDL driver facing a Texas DWI/DUI faces such severe consequences, the charges must be fought aggressively. If you or a loved one is facing a commercial license holder charged with DWI, seek the advice of a skilled criminal defense attorney in your area who can protect your rights and fight the system on your behalf.

How a Gun Charges Attorney Can Help You in Texas

By Karina Alvarez • August 1, 2024
Gun ownership and use are heavily regulated in Texas, and facing gun charges can be a daunting and stressful experience. The consequences of a conviction can include significant fines, imprisonment, and a permanent criminal record. If you are facing gun charges, it’s crucial to have an experienced attorney by your side to protect your rights and provide effective legal representation. At Kyle C. Simpson, Attorney At Law, we specialize in defending clients against gun-related charges in Texas. Here’s how a gun charges attorney can help you.  1. Understanding Texas Gun Laws Texas has specific laws and regulations regarding gun ownership, carrying, and use. An experienced gun charges attorney understands these laws and can explain how they apply to your case. They can help you understand the charges against you, the potential penalties, and the legal defenses available. 2. Evaluating Your Case An attorney can thoroughly evaluate your case, examining the evidence, police reports, and witness statements. They can identify any weaknesses in the prosecution’s case and determine the best strategy for your defense. This evaluation is crucial for building a strong defense and protecting your rights. 3. Protecting Your Constitutional Rights Facing gun charges often involves complex constitutional issues, such as the Second Amendment right to bear arms and the Fourth Amendment protection against unreasonable searches and seizures. An attorney can ensure that your constitutional rights are protected throughout the legal process. They can challenge any evidence obtained through illegal searches or other violations of your rights. 4. Developing a Strong Defense Strategy A skilled attorney can develop a tailored defense strategy based on the specifics of your case. This may involve challenging the legality of the search and seizure, disputing the evidence, demonstrating that the firearm was lawfully owned and carried, or arguing that you acted in self-defense. Your attorney will explore all possible defenses to achieve the best possible outcome. 5. Negotiating with Prosecutors In some cases, negotiating a plea deal with the prosecution may be in your best interest. An experienced attorney can negotiate on your behalf, seeking to reduce the charges or penalties. They can ensure that you fully understand the implications of any plea agreement and help you make an informed decision. 6. Representing You in Court If your case goes to trial, having a skilled attorney represent you in court is essential. An attorney can present your defense, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict. 7. Providing Emotional Support Facing gun charges can be a highly stressful and emotional experience. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your personal well-being. 8. Ensuring Fair Treatment Throughout the legal process, it is crucial to ensure that you are treated fairly and justly. An attorney can advocate for your rights, ensuring that you receive fair treatment from law enforcement, prosecutors, and the court. They can also address any biases or injustices that may arise during your case. Benefits of Hiring a Gun Charges Attorney Hiring a gun charges attorney offers several advantages: Expert Legal Knowledge: An attorney with experience in gun charges understands the intricacies of Texas gun laws and can provide expert advice tailored to your situation. Thorough Case Management: An attorney can handle all aspects of your case, from investigating the charges to negotiating with prosecutors and representing you in court. Effective Negotiation: An attorney can negotiate with the prosecution on your behalf, seeking favorable plea deals or reduced charges. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your well-being, confident that your legal matters are being addressed. At Kyle C. Simpson, Attorney At Law, we are dedicated to providing exceptional legal representation for clients facing gun charges in Texas. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.

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