Texas License Suspended / License Suspension – CDL – Lubbock Texas DWI Defense Attorney
Stephen Hamilton Lubbock Texas Criminal Defense Attorney
BEWARE: YOUR COMMERCIAL DRIVER’S LICENSE CAN BE SUSPENDED IF YOU WERE ARRESTED FOR DWI WHILE DRIVING YOUR PERSONAL VEHICLE!
Intended to promote public safety, the Texas Commercial Driver’s License Act (CDL) was enacted as part of the Transportation Code on September 1, 1995.
A commercial driver’s license (CDL) is a license which allows the driver to operate a vehicle that: (a) transports passengers or property, (b) has a gross combination weight rating of at least 26,001 pounds (including a tow unit), (c) is meant to carry at least 16 passengers, and/or (d) transports hazardous materials.
When an individual applies for a commercial driver’s license, he must include all necessary information including previous convictions, whether in Texas or another state. These convictions will be considered in the bureau’s decision to issue or deny a commercial driver’s license or permit.
If a person has already had a Texas CDL suspension, revocation, or cancellation of a commercial or personal license in any state, he will not be issued a commercial driver’s license.
Employers are also held liable under the act if they knowingly allow an employee to drive a commercial vehicle when that employee has been denied such privilege. Penalties including disqualification from running a commercial vehicle service will be imposed on an employer.
Equally as important for a commercial vehicle driver is the clear provision in Texas law that a person who has “measurable or detectable” amounts of alcohol in their system may not drive a commercial vehicle. Those who refuse to submit to an alcohol test, will immediately be placed “out of service” for a period of 24 hours. A police officer may issue such an order upon probable cause.
The driver of a commercial motor vehicle is “considered to have consented” to blood alcohol testing and a police officer, with probable cause, may request such samples. Refusal to submit to testing results in immediate suspension of driving privileges for 24 hours, and disqualification of driving rights for at least one year.
A person who holds a commercial driver’s license will lose his driving privilege for a period of one year if: (a) they have been convicted, for the first time, of driving under the influence of alcohol or narcotics; (b )they refuse to submit to a test to determine level of alcohol in body; (c) if blood, breath or urine test determines there was an alcohol level of .04 or more while operating the commercial vehicle in a public place; or (d) if there was an alcohol level of .08 or more while operating a motor vehicle (not a commercial vehicle) in a public place.
If the commercial vehicle driver was transporting hazardous materials and any of the above criteria were present, that driver will lose their commercial vehicle license for a period of three years.
Further, a driver will lose his commercial vehicle license for life if convicted two ore more times of driving while under the influence.
Drivers have a right to a hearing, and subsequent appeal of a disqualification.
The licensing bureau can determine if a person is eligible to have their commercial driver’s license reinstated after a period of ten years as long as certain conditions are present. However, should the reinstated driver be convicted of a similar offense, he will permanently lose his license with no hope of reinstatement.
AMAZINGLY, A TEXAS CDL SUSPENSION CAN APPLY TO ANYONE, EVEN IF THEY ARE ARRESTED WHILE DRIVING THEIR PERSONAL VEHICLE!!!
A commercial motor vehicle driver arrested for DWI can face an end of livelihood and career – it is essential to hire an experienced attorney for your defense as soon as possible.
It is important to note that the act does not apply to vehicles that transport agricultural products, fire-fighting or emergency vehicles, military vehicles, and recreational vehicles such as motor homes or campers.
Discover for yourself how we can help save your Texas commercial drivers license. Call and schedule an appointment today. Our initial consultation is free. We can sit down and discuss what we can do to save your license from suspension and what options are available to you. To assist you financially in paying any attorney fees, we offer flat rate fees and flexible payment plans that will allow you to hire us as your Lubbock DWI defense attorney so that we can start immediately to protect your rights. Call us today at (806) 794-0394 for a free consultation and see how we can help with your case.