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Commercial vehicle operators in Houston encounter increased scrutiny and are subject to strict regulations, affecting those holding commercial driver’s licenses (CDL). Convictions for driving under the influence (DUI) of drugs or alcohol may result in the loss of a CDL if not effectively addressed, impacting career opportunities and overall well-being for commercial drivers.
If you face DUI charges as a commercial vehicle operator, talk to a commercial DUI lawyer at Mary E. Conn & Associates, who may help you defend against your charges and maintain your CDL. Call our Houston office at (713) 357-4190 as soon as possible to speak with our skilled legal team about your situation.
Commercial drivers facing a DUI conviction in Houston may confront criminal and administrative penalties, potentially leading to suspension or loss of their CDL.
Under Texas law, a DUI charge can arise from any of the following actions:
While all drivers must maintain a blood alcohol content of 0.08% or lower, commercial drivers are held to an elevated standard according to the Texas Transportation Code, requiring their BAC to remain at 0.04% or lower.
The consequences for commercial drivers facing DUI charges are severe, potentially leading to jail time, hefty fines, license suspension, and CDL disqualification. The Texas Transportation Code outlines the penalties for a DUI for commercial drivers, establishing minimum consequences. However, specific circumstances, such as fleeing the scene or transporting hazardous materials during a DUI, can elevate penalties, potentially leading to felony charges and heightened consequences.
Potential penalties may include the following:
For those operating commercial vehicles transporting hazardous materials, the penalties include:
Reinstating a permanently disqualified CDL may be pursued after a minimum of 10 years, though the process can be challenging. A seasoned Houston commercial DUI lawyer can review your case and help you achieve the best possible outcome.
When a law enforcement officer suspects that a commercial driver is operating a vehicle while under the influence of drugs or alcohol, Texas’s implied consent laws allow them to administer a breathalyzer test. Refusal to undergo this breath test, which can be requested without a warrant, automatically suspends a driver’s CDL.
A recent ruling by the U.S. Supreme Court clarified that refusing a blood test without a search warrant cannot result in criminal penalties. However, it’s important to note that the implied consent law applies explicitly to breath tests for commercial drivers.
Successfully challenging a DUI as a commercial driver in Houston doesn’t necessarily mean the end of a career or a permanent loss of a license. Mary E. Conn & Associates’ seasoned commercial DUI defense lawyers utilize various strategies to prove innocence and challenge the prosecution. These may include exposing breaches in the procedure by law enforcement during the DUI arrest and questioning the accuracy of breath or blood test results.
Consulting an assertive DUI lawyer is crucial to defending freedom and livelihood. Mary E. Conn & Associates investigates each case meticulously, identifying constitutional violations or errors that can strengthen the legal defense. The most favorable outcome is possible with personalized strategies and a knowledgeable commercial DUI defense lawyer.
If you didn’t refuse a breath test following a commercial DUI arrest, you can challenge the CDL suspension by requesting an Administrative License Revocation case. Opting for a hearing allows you to present your case before an administrative law judge, making your plea for retaining your CDL.
The window for requesting this hearing is brief, so acting quickly is imperative. You must initiate this process within 15 days of your arrest, forfeiting your right to appeal the CDL suspension if you miss this deadline. Even if the judge upholds the suspension, a secondary appeal opportunity remains. To utilize this, drivers must submit a notice of intent to appeal within 30 days of the judge’s decision.
If you intend to contest your suspension, seeking advice from a commercial DUI attorney is strongly encouraged. The administrative procedures can be complex, and the guidance of a knowledgeable defense attorney is often crucial in determining whether you retain or lose your commercial driver’s license.
A DUI arrest in Houston can have significant repercussions on your life, especially if you hold a commercial driver’s license. Don’t face this challenge alone. An experienced Houston commercial DUI defense lawyer at Mary E. Conn & Associates is ready to help you combat charges and move forward without a criminal record or loss of license.
If you’ve been arrested for a DUI on a CDL in Houston, do not delay contacting Mary E. Conn & Associates to learn your legal rights and what defense methods are available. With a legacy dating back to 1985, our legal team has extensive experience advising commercial drivers in Houston and recognizes a CDL’s pivotal role in your career. Schedule a free consultation today by completing a contact form or calling (713) 357-4190.