CDL DWI Lawyers in Houston
We Represent CDL Drivers in Houston, Harris County, and Surrounding Counties
Are you a commercial driver who was pulled over and arrested for driving while intoxicated in the Houston area? If so, you face the risk of losing your Texas commercial driver’s license (CDL). Our experienced DWI defense attorneys at The Martinez Law Firm can help you. We represent drivers arrested for commercial DWI and all other drunk driving-related offenses in Texas, offering skilled counsel by a former prosecutor with 17 years of legal experience. Whether you drive a semi-truck, tractor-trailer, 18-wheeler, or any commercial vehicle for work, we will fight to protect you and your driving privileges so that your job is secure.
Contact us today to request a free consultation with a member of our DWI defense team.
What Is the Legal Alcohol Limit for CDL Drivers in Texas?
You might think that the legal limit for intoxication while driving is .08 BAC. While this is true for most drivers, CDL DWI laws set the legal limit well below that. If you are operating a commercial vehicle with a BAC of .04 or higher on a Texas road, you are over the legal limit. This means that even limited alcohol consumption could lead to CDL DWI charges, not to mention having your commercial license revoked.
This .04 BAC limit for CDL drivers in Texas puts female commercial drivers at a particular disadvantage because of physiological differences that prevent women from processing alcohol as quickly. For example, if a woman weighs around 140 lbs and drinks a single beer before operating a commercial vehicle, she might test at .26 BAC. This means even half of another beer is incredibly risky.
While larger individuals may require more alcohol to reach these levels, it’s possible to have a .04 BAC without feeling any effects. This is especially true of regular drinkers. All of this means that there are many people who have faced suspension of their CDL while they felt it was safe for them to drive.
Consequences of a Commercial DWI Conviction
Driving while intoxicated (DWI) always carries harsh penalties with it. Since drunk driving puts people’s lives in danger, there are severe punishments involved, and those who drive professionally and are behind the wheel more than average are naturally held to higher standards. For your average driver, a DWI arrest can be made with a blood- or breath-alcohol level of 0.08% or higher. As an individual with a commercial driver’s license (CDL), you only need to register a 0.04% for your license to be revoked for a minimum of one year, along with receiving all the regular DWI penalties.
Even when driving a non-commercial vehicle, if you hold a commercial driver’s license and is arrested for a DWI (needing a 0.08% alcohol concentration to be arrested, in this case), your license will be suspended for a minimum of one year. Also, if you are convicted of two or more such violations, your license could be revoked for life. As a commercial driver, DWIs are extremely hazardous and could permanently and irrevocably damage your career. If you are a commercial driver and you are facing charges of DWI, whether they are your first or subsequent charges, you will need the counsel and legal representation of a Houston DWI defense attorney to ensure that your livelihood is not affected by faulty charges.
Let Us Dispute Your CDL Suspension
When an officer with probable cause to suspect you’ve been drinking pulls you over, your presence on a Texas road is implied consent for them to administer a field sobriety test. Refusal to take this test results in an automatic CDL suspension, so will consenting to the test and revealing a BAC above the legal limit. Being charged with a CDL DWI means an automatic suspension of your CDL for up to a year.
However, the suspension of a CDL after a DWI arrest isn’t necessarily the case. There are several opportunities for you to plead your case and try to renew your driving privileges. At The Martinez Law Firm, our experienced CDL DWI lawyers are well versed in defense strategies in Houston and the surrounding counties as well as the CDL suspension process in Texas. We can present a strong defense on your behalf. We will fight for you and your livelihood.
We Can Help You Get Your CDL Back
After a CDL DWI arrest, you’ll be given the opportunity to request a review of your CDL suspension through the Administrative License Review (ALR Dispute process). When you request a hearing, you’re able to plead your case to an administrative law judge. Here you can present your argument for keeping your CDL.
The timeframe for requesting this hearing is quite short. You have 15 days after your arrest to request a hearing date. If you miss this deadline, you waive your ability to appeal your CDL suspension. Should the judge uphold the suspension at this hearing, you still have the right to appeal again. To do this, you must file a notice stating your intent to appeal within 30 days of the judge’s decision.
This process may feel a bit daunting, but it doesn’t have to be. If you plan to fight your suspension, it’s a good idea to consult with a CDL DWI attorney. The administrative process can be complicated. Have an experienced DWI defense attorney often means the difference between keeping and losing your commercial driver’s license. Our CDL DWI lawyers can also help you win an underlying criminal case.
Find a CDL DWI Lawyer in Houston, Texas
Mr. Herman Martinez, the founding attorney with the Martinez Law Firm, has experience as a former prosecutor. As a result, he can approach a case from all angles and defend it as aggressively and thoroughly as possible. His firm is dedicated to the belief that every person is “innocent until proven guilty” and should never be punished if they have not committed the crime that they are accused of. If you are in need of a DWI attorney who will dedicate themselves to fighting for your rights, look no further than the Martinez Law Firm.