Archive for February, 2017

Will DWI Charges End Your Career as a Professional Driver in Texas?


Texas criminal defense attorneyCommercial drivers are subject to strict rules when it comes to alcohol impairment. Because the consequences of drunk driving could be severe if a motorist is operating a commercial truck while impaired, both state law and federal law are very strict about the impact of a DWI conviction on a commercial driver.

If you are accused of driving while impaired, you must understand the possible impact that a conviction could have on your continued ability to work in your chosen profession.  Getting a commercial license is hard work, but is worth it because you should be able to earn a good living as a truck driver or driver of passenger vehicles. You don’t want this opportunity taken from you because of a DWI conviction, so you should consult with an experienced attorney and vigorously defend yourself from charges if you are accused of wrongdoing.

If you have a commercial driver’s license, you should know there are a variety of different behaviors which could result in the imposition of penalties and which could lead to the suspension of your professional license. You should also be aware that even if your license is returned to you after a period of suspension, you may find it harder to get hired because trucking companies are reluctant to take a chance on someone with a DWI on their record.

Commercial drivers can face the consequences of a DWI charge not only for using alcohol, but also for using drugs or other impairing substances. You do not have to have a .08 Blood Alcohol Concentration to face consequences either. Commercial drivers in commercial vehicles can be in legal trouble if their BAC is .04 or higher.

Plus, whether you are in your own car or in a commercial vehicle,  Federal Motor Carrier Safety Regulations Section 383.51 indicates that your commercial license can be suspended for a one year period if you are simply convicted of refusing to take a blood alcohol concentration (BAC) test when there is probable cause you were impaired by alcohol.

For some actions, like driving impaired while transporting hazardous material, a first time offense can result in a lengthy license suspension, with the loss of your commercial license for three years.  In other cases, you could actually have your license taken away permanently, such as when you are convicted of a second refusal to take a BAC test or when you are convicted of a second DWI.

Federal laws are clear that there are no exceptions to these suspensions for a conviction. To be able to keep your license, that means you will have to successfully fight against being found guilty. You should talk with a DWI defense lawyer as soon as you can when you’ve been arrested or are under investigation so your attorney can start right away with helping you respond to charges and earn a dismissal or acquittal.