If you’re a commercial driver in Texas or you’re thinking about becoming one, you already know how valuable a Commercial Driver’s License (CDL) can be. It’s more than a card—it can be the key to a good livelihood. But if you’ve been arrested or convicted for Driving While Intoxicated (DWI), you might be wondering if you can get a CDL after a DWI in Texas. The short answer is: Maybe, but it can be complicated.
Our team at Austin Hagee Law Firm has a history of fierce advocacy and excellence, and we can simplify any traffic law issue you might face. Let’s break down what Texas law says about CDLs and DWIs, what it means for your future, and the options you may have.
A DWI can affect your ability to obtain or keep a CDL in Texas. Commercial drivers face stricter rules than regular drivers, and even one DWI conviction can lead to significant license disqualification periods.
License suspensions often block CDL eligibility. If your driver’s license is suspended due to a DWI, you generally cannot apply for or receive a CDL during that suspension period.
Multiple violations can lead to long-term or permanent CDL disqualification. Serious traffic violations or repeated offenses may prevent you from holding a commercial license for years.
Some DWIs may escalate to felony offenses. Situations involving injuries, fatalities, multiple prior offenses, or a child passenger can significantly increase legal consequences.
Legal defense early in a DWI case can protect your driving career. A strong defense may reduce charges, prevent a conviction, or limit penalties that could affect your CDL eligibility.
What Is a DWI in Texas?
A DWI in Texas typically means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more. Even if your BAC isn’t as high, you may still suffer stiff criminal penalties or restrictions if any amount of alcohol or drugs prevents the normal functioning of your mental or physical faculties while driving.
Can You Get a Commercial License with a DWI in Texas?
In some cases, yes, but it depends on your circumstances. When you get a DWI, the facts of your case and the number of traffic violations you have on your record often dictate whether you can get a CDL.
What Happens If You Get a DWI Conviction Before Applying for a CDL?
Under the Texas Transportation Code, the state cannot give you a CDL if any state has suspended your driver’s license. And in Texas, a common penalty for a DWI conviction is a license suspension of up to two years. If you are currently facing a DWI charge, speak to us immediately so we can help you avoid or minimize a conviction or penalty that could affect your professional future.
You can also lose your right to hold a CDL at any time if you have a certain type of criminal history. The severity or number of previous convictions can have a significant impact on your future as a commercial driver. Let’s take a look below at how a prior conviction might affect you.
What Happens with Other DWI Offenses Before or After You Obtain a CDL?
Many circumstances can disqualify you from holding a CDL, including:
- Committing more than one serious traffic violation in a three-year period, and
- Committing at least one violation of a rule for motor vehicle operation at a railroad grade crossing.
Depending on how many violations you commit and whether the state suspends your license, a DWI could cost you a CDL opportunity for multiple months or multiple years.
So, what is a serious traffic violation that could prevent you from driving commercially? Serious traffic violations include:
- Excessive speeding,
- Erratic or improper lane changes,
- Reckless driving, and
- Violations that cause fatalities.
If you drive while intoxicated, you could easily incur charges for any of the above-listed violations. We can help ensure that the State does not overcharge you in any DWI case you face.
When a DWI Might Mean a Lifetime Ban
Drivers who use motor vehicles to commit felonies could be disqualified for life from holding a CDL. Typically, a DWI is a misdemeanor, but it can become a felony if:
- You were intoxicated while driving with a child under 15 in your vehicle;
- Your intoxicated driving caused serious bodily harm to someone else;
- Your intoxicated driving causes someone’s death; or
- You have multiple previous convictions for operating a vehicle or assembling an amusement ride while intoxicated.
Under the Texas DWI CDL rules, there are a lot of details that make the difference between getting a CDL vs. going home empty-handed. We can help you navigate every detail and put you in the best position to be a commercial driver.
Can You Apply for a CDL After a DWI in Texas?
Yes, in many cases, you can apply for a CDL after a DWI in Texas. But you need to wait until your disqualification period is over and you meet all CDL eligibility requirements—including training, knowledge, and medical clearance. However, just because you can apply doesn’t mean you’ll be hired.
You might still have to convince an employer that your driving history is not a liability. Also, insurance companies may refuse to cover you, making it hard for companies to put you behind the wheel. That said, being a commercial driver after a DWI is not always impossible. Smaller companies or owner-operators may give you a second chance, especially if your DWI happened years ago and you’ve kept a clean record since. We can help put you in the best position for future employment.
How We Can Help
Hiring an attorney can be the best move you make when dealing with a DWI. Our team at Austin Hagee Law Firm can shield you by:
- Helping protect you from prosecutorial overreach;
- Identifying inappropriate charges and getting them dismissed;
- Helping gather the best evidence to fight the State’s allegations or to secure lesser penalties;
- Identifying unlawful arrests, searches, or investigations in your case;
- Developing the best arguments to protect your rights in court; and
- Negotiating with the prosecution when necessary.
Criminal cases can move quickly, and the stakes are high. So, don’t wait to speak to an experienced attorney about your legal issues.
Contact Us Today to Protect Your Commercial Driving Future
If you’re worried about how a DWI affects a CDL in Texas, contact Austin Hagee Law Firm today. Austin Hagee is a top trial attorney and previously worked as a prosecutor, so he has the best tools for defending you in and out of court. Austin has helped countless clients just like you get their lives back on track.
Don’t leave your future in the hands of a lawyer who just wants a quick plea deal. Choose a lawyer with a proven record of winning jury trials and someone who isn’t afraid to go to war for your rights. Whether this is your first DWI or you’re dealing with a complex legal history, you need a team like ours that understands Texas DWI CDL rules inside and out.
Contact us online or call us at 726-223-6041 now to schedule a consultation. The sooner you act, the more options you may have.
Can you get a CDL after a DWI in Texas?
Yes, in many cases you can apply for a CDL after a DWI in Texas once your disqualification period has ended. However, the conviction may still affect hiring decisions because employers and insurance companies often review driving history carefully.
Does a DWI automatically disqualify you from holding a CDL?
A DWI conviction can disqualify a commercial driver for a significant period of time depending on the circumstances. Commercial drivers are subject to stricter standards, and even a first offense may result in a lengthy disqualification.
How long does a CDL suspension last after a DWI in Texas?
The length of suspension varies based on the facts of the case and whether it is a first or repeat offense. Some drivers may face a one-year disqualification, while more serious circumstances may lead to longer penalties.
Can you drive a commercial vehicle after a DWI conviction?
Not during the disqualification period. Once that period ends, some drivers may regain eligibility for a CDL, but employment opportunities may still be limited depending on company policies.
Do CDL drivers face stricter DUI or DWI rules in Texas?
Yes. Commercial drivers are held to stricter standards and may face penalties even at lower blood alcohol levels while operating a commercial vehicle.
Can multiple DWIs permanently affect CDL eligibility?
Yes. Multiple convictions or serious offenses can result in long-term or even lifetime disqualification from holding a commercial driver’s license.
Will a DWI affect CDL job opportunities?
Yes. Many trucking companies and insurers review a driver’s criminal and driving history, and a DWI may make it harder to secure employment with certain employers.
Can a DWI be reduced to protect a CDL?
Depending on the case, an attorney may be able to challenge evidence or negotiate for reduced charges. Avoiding a DWI conviction may help limit damage to your commercial driving career.
Does a DWI stay on your record for CDL purposes?
A DWI conviction can remain on your criminal and driving record for many years. Because commercial driving is highly regulated, employers may consider older offenses when evaluating applicants.
Should you hire a lawyer if a DWI could affect your CDL?
Yes. Because a CDL can determine your livelihood, having legal representation can help you understand your rights and explore possible defenses or strategies in your case.
Resources:
- Driving While Intoxicated with Child Passenger, Tex. Penal Code § 49.045 (2003), link.
- Intoxication Assault, Tex. Penal Code § 49.07 (2007), link.
- Enhanced Offenses and Penalties, Tex. Penal Code § 49.09 (2023), link.
- Intoxication Manslaughter, Tex. Penal Code § 49.08 (2007), link.
- Definitions: “serious traffic violation,” Tex. Trans. Code § 522.003 (25) (2023), link.
- Federal Motor Carrier Safety Administration, “How do I get a Commercial Driver’s License?” (Feb. 10, 2022), link.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
Loading...