Commercial DWI Charges

Commercial DWI Attorney in Houston

Facing a Commercial DWI in Houston, TX?

DWI is a serious offense that not only endangers the lives of individuals on the road but also carries severe legal consequences. When it comes to commercial drivers, the stakes are even higher, as they are entrusted with the responsibility of operating large vehicles and transporting goods across the state and beyond.

At Guy L. Womack & Associates, P.C., our criminal defense lawyer has more than 20 years of experience helping clients fight their DWI charges. We take our clients' cases seriously and will work tirelessly to help them reach the best possible outcome.

Our Houston commercial DWI lawyer can help you by:

  • Helping you understand the charges against you
  • Providing you with a free consultation
  • Working to suppress evidence against you
  • Challenging the arresting officer's probable cause
  • Negotiating with the prosecutor on your behalf
  • Trying your case in front of a jury

Arrested for a commercial DWI in Houston, TX? Contact us at (713) 364-9913 for skilled and personalized representation.

Commercial DWI Laws & Penalties in Texas?

In Texas, you are considered intoxicated if you have "a blood alcohol concentration of 0.08  percent or more." However, the legal limit for commercial driver's license (CDL) holders is .04 percent.

A first-time commercial DWI is Class B misdemeanor, punishable by a jail term of up to 180 days and/or a maximum fine of $2,000. Additionally, your CDL will be disqualified for 1 year or 3 years, if you were transporting hazardous material at the time of your arrest. 

Remember, a second offense can result in lifetime CDL disqualification. This could mean losing your career and your livelihood.

Types of DWI Charges

In Texas, DWI (Driving While Intoxicated) charges come in different forms, with significant differences for commercial drivers:

  • Regular DWI: Applies to non-commercial drivers with a blood alcohol concentration (BAC) of 0.08% or more.
  • Commercial DWI: For commercial drivers with a CDL (Commercial Driver’s License), the BAC limit is stricter. It’s 0.04% or more.

Key Differences for CDL Holders:

  • Commercial drivers are held to higher standards due to the responsibility of driving large vehicles and transporting goods.
  • A regular DWI can lead to fines, license suspension, and possible jail time. For CDL holders, the consequences are even more severe, including potential disqualification from driving a commercial vehicle, which can end a career.

Defenses Against Commercial DWI Charges

If you’ve been charged with a commercial DWI, there are potential defenses that your attorney can explore:

  • Challenging BAC Testing: If the breathalyzer or blood test wasn’t administered correctly or calibrated, the results may be invalid.
  • Lack of Probable Cause for the Stop: If the officer had no reasonable grounds to pull you over, your attorney may argue that the arrest was unlawful.
  • Improper Search: If the officer didn’t have the legal right to search your vehicle or detain you, evidence gathered during the search may be inadmissible.

An experienced attorney will know how to identify and challenge weaknesses in the case against you.

DWI Penalties for Commercial Drivers in Texas

The penalties for a commercial DWI are severe and can have lasting consequences:

  • First Offense:
    • Class B Misdemeanor
    • Up to 180 days in jail
    • A fine up to $2,000
    • Disqualification of your CDL for 1 year (3 years if transporting hazardous materials).
  • Second Offense:
    • Lifetime disqualification of CDL
    • Increased jail time and fines

Long-Term Impact:

  • Job Loss: Losing your CDL means losing your ability to work as a commercial driver, which can affect your livelihood.
  • Insurance: DWI convictions can lead to higher insurance premiums for both you and your employer.
  • Career Setback: A DWI on your record can make it harder to find work in the transportation industry in the future.

The consequences of a commercial DWI go beyond just legal penalties—they can change your career and financial future.

Frequently Asked Questions (FAQs) About Commercial DWI in Houston

  • Can I lose my Commercial Driver's License (CDL) for a first-time DWI offense?
    Yes, in Texas, a first-time commercial DWI offense can result in the disqualification of your CDL for 1 year. If you were transporting hazardous materials at the time of your arrest, the disqualification period increases to 3 years.
  • What happens if I am convicted of a second commercial DWI offense?
    A second commercial DWI offense can result in a lifetime disqualification of your CDL, meaning you will no longer be eligible to drive a commercial vehicle. In addition to the loss of your CDL, you could face more severe fines, longer jail time, and a permanent criminal record.
  • Can I still drive a personal vehicle if I lose my CDL due to a DWI?
    Yes, losing your CDL does not automatically revoke your ability to drive a personal vehicle. However, you may still face consequences related to your personal driving privileges, including license suspension if convicted of a regular DWI.
  • How does a commercial DWI charge impact my employer?
    Your commercial DWI conviction can have significant effects on your employer, particularly if you drive for a company. This includes potential increased insurance premiums, loss of contracted delivery services, and possible legal liabilities for your employer. Some employers may have zero-tolerance policies for DWI offenses, which could lead to termination.
  • Can I fight a commercial DWI charge if my BAC was over the legal limit?
    Yes, even if your BAC exceeds the legal limit, there may be ways to challenge the charge. Your attorney can challenge the validity of the BAC test, the probable cause for the traffic stop, or argue that proper procedures were not followed during your arrest.
  • Will a commercial DWI affect my personal driving record?
    While a commercial DWI primarily impacts your CDL and ability to drive a commercial vehicle, a multiple DWI conviction can still appear on your personal driving record, especially if you were arrested in your personal vehicle or if your conviction is also related to a regular DWI. In cases of multiple DWI offenses, both commercial and personal driving privileges can be significantly affected, leading to further complications.
  • Can my employer help me with a commercial DWI charge?
    Employers generally do not intervene in criminal cases. However, if you are facing a commercial DWI charge, it’s essential to have an attorney who understands the legal and regulatory impacts on both you and your employer. Some employers may offer assistance through legal resources or support during your case, but this varies from company to company.

Contact a Houston Commercial DWI Defense Lawyer Today

At Guy L. Womack & Associates, P.C., we have a Houston commercial DWI lawyer who is ready to take on your case. We have the skills and knowledge necessary to challenge DWI charges and will work to help you reach the best possible outcome.

If you or someone you know is facing DWI charges, you need a skilled and knowledgeable Houston commercial DWI attorney who will fight for you. Contact Guy L. Womack & Associates, P.C. today at (713) 364-9913!

A Winning Attitude We Are Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

Where Winning Matters

We Have the Experience You Can Count On
  • $2 Million Settlement Obtained for Grieving Family
  • Criminal Charges Dropped $300,000 of Equipment and Funds Were Misplaced, Disposed of And/Or Taken

    State of Texas v. SM

  • $4 Million Settlement Recovered for Electrocution Victim
  • $4.85 Million Settlement Recovered for Victim of Sexual Assault
  • All Charges Dismissed 7 Indictments of Sexual Molestation of Neighborhood Children

    State of Texas v. B.H.

  • No Criminal Charges Filed Aggravated Assault

    U.S. v. LTC GW

Get Started Today

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • 60 Years of Combined Experience
  • Thousands of Cases Successfully Defended
  • Hundreds of Jury Trials Handled
  • Highly Respected by the Legal Community
  • Honest & Straightforward Legal Advice
  • Accessible & Responsive Representation