If your job is contingent on your ability to operate a commercial motor vehicle, then you must do anything that may jeopardize your commercial driver’s license. With this, you must not drive while under the influence of drugs or alcohol. But if you do receive a DWI, continue reading to learn how an experienced McAllen, Texas DWI lawyer at the Law Office of Angel Davila can help you protect your license, and overall, your ability to work.
What qualifies as a commercial vehicle?
Notably, Texas law recognizes buses, semi-trucks, and 18-wheelers as commercial vehicles. More specific qualifications include, but are not limited to, the following:
- The vehicle has a gross vehicle weight or registered gross vehicle weight of 26,000 pounds or more.
- The vehicle has a trailer to transport a large quantity of hazardous materials.
- The vehicle is able to transport 15 or more passengers.
- The vehicle is able to transport eight or more passengers for hire.
What qualifies as a commercial DWI in the state of Texas?
For a standard driver, you may be rightfully charged with a DWI if your blood alcohol content (BAC) level is deemed to be 0.08 percent or higher. However, for a commercial driver, you may be rightfully charged with a DWI if your BAC level is deemed to be at 0.04 percent or higher.
What will happen to my commercial driver’s license after my DWI?
As a commercial driver, if your BAC level is found to be above the legal limit, your commercial driver’s license will be suspended for one year. There is a stricter penalty if you were transporting hazardous materials at the time of your offense, as you will lose your license for three years. And while you may eventually get your license back, you require a good driving history to retain employment once more. So, potential employers may second guess whether to hire you with a DWI on your permanent criminal record.
What’s worse is if this is a repeat offense. For a second-offense DWI, you will permanently lose your commercial driver’s license. Meaning, you will permanently lose your opportunity for employment in this industry.
What are other penalties after my DWI?
Your first-offense commercial DWI will be considered a Class B misdemeanor. This means that you will be subject to penalties in addition to your commercial driver’s license suspension, which include the following:
- Jail time of up to 180 days.
- Fines of up to $2,000.
- A $2,000 fee for three years to retain your license.
- Community service.
- DWI education and treatment programs.
And with a second-offense commercial DWI being a Class A misdemeanor, you will be subject to additional penalties such as the following:
- Jail time of up to one year.
- Fines of up to $4,000.
- A $2,000 fee for three years to retain your license.
- Community service.
- DWI education and treatment programs.
For assistance with fighting off these penalties, reach out to a skilled Hidalgo County, Texas criminal defense lawyer today.
