
Truckers like life on the road, especially when they travel the open highway. The profession is an important job economically. However, one mistake can also derail a trucker’s life. Usually, this mistake involves drinking and driving. A DWI defense lawyer can help navigate the consequences of a DWI, which can prevent you from obtaining or keeping your CDL.
What Is a Commercial Driver’s License (CDL)?
A commercial driver’s license presents an opportunity to make money as a commercial truck driver. Therefore, the Texas Department of Public Safety (DPS) doesn’t mess around when it comes to CDL qualifications, especially if you had a run-in with the law involving alcohol or drugs.
A DWI arrest or conviction can cause you to lose your profession and even your freedom in an instant. Indeed, this charge can slam the brakes on a truck driving career – even before it begins.
So, what do you do after a DWI arrest?
The Importance of Legal Representation
Contacting a DWI lawyer is vital if you want to keep your CDL or wish to work towards getting a CDL. That’s because the legal process can be likened to a long and winding path or an uphill battle.
The Texas Transportation Code doesn’t pull any punches – a single DWI conviction can disqualify you from getting a CDL for one to three years. And if you think that’s harsh, there’s also a lifetime ban for repeat offenders.
You can still work toward getting a CDL by working with a lawyer.
Indeed, legal help is essential. Even if you get the green light to obtain a CDL, an employer might refuse your application if they see a DWI on your record.
Applying for Expunction
You can wipe the slate clean if the court acquits you of DWI or dismisses your case and you apply for expunction. While expunction offers a solution, not everyone qualifies. If you’re not a candidate for expunction, you can seal your record.
A competent DWI attorney can increase your chances of an acquittal or dismissal by challenging insufficient evidence or witness statements that do not corroborate the charges.
Sealing Your Record
You may also seal the offense on your record. Sealing only allows access to governmental entities.
Sealing is possible if you have a first DWI conviction and your blood alcohol concentration (BAC) is below 0.15 percent when you’re tested. It can’t include another party if you were in an accident. While applying for sealing, you need to maintain a clean criminal record (no additional arrests or convictions). Also, you must serve all jail time, pay all fines, and complete other requirements like drug or alcohol counseling.
Once you meet the requirements, you have a two-year waiting period before you can apply for sealing.
The ALR Administrative License Revocation Period for DWI
Let’s say the police just pulled you over, you have a CDL, and they charge you with DWI. You’ve got 15 days – just over two weeks – to request a hearing and fight for your right to drive. Miss that deadline, and 40 days later, the state suspends your CDL. This is another reason you need a legal advocate or a defense lawyer in your corner.
Your Secret Weapon: The DWI Defense Attorney
You might still be wondering, “Do I need a lawyer for this?” Unfortunately, trying to understand a DWI case without a lawyer is like trying to haul a load cross-country without a map. Sure, you might eventually get there, but why take this risk?
A DWI defense attorney is like a skilled co-driver. They know the roads, the rules, and how to challenge every aspect of your case. From questioning the legality of a traffic stop to scrutinizing the accuracy of Breathalyzer tests, they leave no stone unturned.
The Road Ahead: FAQs for the CDL Seeker with a DWI
Q: Can I still get a CDL if I have a DWI on my record?
A: It’s possible but challenging. If it’s your first offense, you’ll face a 1 to 3-year disqualification period. After that, you can apply for a CDL but be prepared for extra scrutiny.
Q: What if I have multiple DWI convictions?
A: Multiple DWIs can result in a lifetime disqualification. However, after ten years, you may be eligible for reinstatement if you complete a state-approved rehabilitation program.
Q: Does it matter if my DWI wasn’t in a commercial vehicle?
A: Yes, it matters. A DWI conviction in Texas can affect your ability to keep or get a CDL in any vehicle.
Q: How long will a DWI officially stay on my criminal record?
A: In Texas, a DWI stays permanently on your record unless you can apply for an expunction or get the record sealed. This is why fighting the charge from the start is so important. A DWI lawyer can support you legally and professionally.
Q: Can I refuse to take a Breathalyzer test if I’m arrested for DWI?
A: You can, but refusing a test can result in an automatic license suspension and the authorities can use your refusal against you in court. Your lawyer will guide you in making the best decisions.
Q: What’s the difference between DWI and DUI in Texas?
A: In Texas, DUI refers to charges against minors (under 21 years old) – driving with any noticeable amount of alcohol in their system. DWI applies to adults and involves being impaired by alcohol or drugs or having a BAC of 0.08 percent or higher. The minimum term of incarceration for a DWI is 72 hours.
Q: How quickly should I contact a lawyer if I’m arrested for DW and have a CDLI?
A: Immediately. The 15-day window to request an ALR hearing starts ticking as soon as police arrest you. A lawyer can get you through this process and build your defense.
Q: Can I get my CDL if I’m currently on probation for a DWI?
A: It’s unlikely. Most probation terms prohibit driving for commercial purposes. You’ll likely need to complete your probation before being eligible for a CDL.
Q: Are there any jobs in the trucking industry I can do without a CDL while waiting out a disqualification period?
A: Yes! Consider looking into dispatcher roles, warehouse positions, or logistics coordination. These jobs can give you valuable industry experience while you work towards CDL eligibility.
Q: If I complete a DWI education program, will that help me get my CDL faster?
A: While it may not speed up the process, completing such a program can demonstrate your commitment to safe driving and may be viewed favorably when you qualify to apply for your CDL.
Start Working With a DWI Attorney Today
Getting a CDL with a DWI on your record in Texas is like driving a truck through a narrow mountain pass—it’s challenging and requires skill and patience, but it’s not impossible. The key is to approach the situation with a clear head, learn from past mistakes, and follow the guidance of an experienced criminal defense lawyer.
Remember, while you face a long road to redemption, but for those determined to see it through, the rewards of a career in trucking can make the journey worthwhile. Working with a DWI attorney can make things more positive. Don’t delay, call today.