Can you lose your CDL for DUI in Texas?

Can you lose your CDL for DUI in Texas?

Yes, drivers can lose their CDL for DUI in Texas. DUI is a particularly severe offense for Texas CDL operators. A first offense can result in a 1-year CDL suspension, while a second DUI can result in a lifetime suspension of CDL driving privileges. Learn more.

  • What is the CDL DUI limit in Texas? Texas operators who receive 2 DWI offenses risk permanent suspension of their CDL driving privileges. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) sets a BAC limit of 0.04 for CDL drivers operating commercial motor vehicles. This means a commercial motor vehicle operator found with a BAC over a 0.04 is subject to CDL suspension and a DUI charge. Learn more.
  • What can cause you to lose your CDL in Texas? A DUI charge can result in the loss of a CDL in Texas. Texas operators can also lose commercial driving privileges for leaving the scene of a motor vehicle accident, using a motor vehicle in the commission of a felony, negligently or criminally causing a death while operating a commercial vehicle, driving with a suspended CDL, and for some controlled substance crimes. Learn more.

HOW MANY POINTS DOES IT TAKE TO LOSE YOUR CDL IN TEXAS?

Texas regulates its CDL licensing by the nature and amount of traffic offenses as opposed to a “point system.” For example, 2 serious traffic violations within 3 years yields a 60 day CDL suspension, while 3 serious traffic violations within 3 years yields a 120 day suspension. Texas considers the following to be serious traffic violations: excessive Speeding of 15 mph over the speed limit, Reckless Driving, improper or erratic lane changes, and Following Too Closely. Learn more.

  • How many tickets can a CDL driver get in Texas? A CDL driver in Texas who gets 2 serious traffic tickets in 3 years is subject to a 60 day CDL suspension, while 3 serious traffic tickets in 3 years results in a 120 day suspension. Texas law considers excessive Speeding of 15 mph over the speed limit, Reckless Driving, improper or erratic lane changes, and Following Too Closely to be serious traffic violations:
  • What happens if my CDL is downgraded in Texas? A CDL downgrade results in the loss of commercial driving privileges and may require completion of the Knowledge and Skills examination again. The Texas Department of Public Safety (DPS) requires some operators to maintain a valid medical examiner’s certificate at all times to prevent a CDL downgrade. Learn more.

HOW LONG CAN YOUR CDL BE SUSPENDED IN TEXAS?

DPS can permanently suspend commercial driving privileges for CDL drivers who receive 2 DUI offenses and for those who use a motor vehicle in the commission of a felony. A first DUI offense otherwise results in a 1 year suspension. 

  • How do I get my CDL back after a DUI in Texas? Some motorists can avoid a CDL suspension by contesting an ALR hearing. An operator must otherwise wait for the expiration period to expire and submit a reinstatement fee to get a CDL back after a DUI in Texas. Learn more.

HOW MUCH DOES IT COST TO REINSTATE YOUR CDL IN TEXAS?

Texas DPS requires a reinstatement fee of $125 to reinstate all driving privileges including a CDL.

  • How do I reinstate my suspended CDL license in Texas? Texas motorists can reinstate their CDL by paying the DPS reinstatement fee upon expiration of the suspension period. Some motorists may avoid a CDL suspension altogether by contesting an ALR hearing. Learn more.

WHAT DISQUALIFIES CDL TEXAS?

Texas CDL disqualifications include DWI offenses, serious traffic violations, certain controlled substance felonies, and using a motor vehicle in the commission of a felony. Certain offenses can even result in lifetime CDL disqualification. Learn more.

  • Do you lose your CDL if your license expires in Texas? An operator with an expired CDL loses all commercial driving privileges. If a CDL is expired for more than 2 years, the person must make a new application and again meet all original requirements including testing.
  • What is the new CDL law in Texas? As of February 7, 2022, CDL applicants in Texas must complete additional federally-mandated Entry Level Driver Training prior to taking their CDL test. Learn more.

DO THEY DO A BACKGROUND CHECK WHEN YOU GO GET A CDL IN TEXAS?

Yes, Texas DPS conducts criminal background checks on CDL applicants, including those seeking a Hazardous Materials Endorsement. Additionally, CDL operators are required to notify their employer and DPS within 30 days of conviction for any traffic violation. Learn more.

  • Can a CDL be renewed online in Texas? Yes, certain CDL operators may be eligible for online renewal, including those without a Hazardous Materials Endorsement who renewed in person at their last renewal. To check eligibility for online CDL renewal, visit the Texas By Texas portal.
  • Can you get a CDL with a felony in Texas? Yes, convicted felons can obtain a CDL in Texas. However, some felony offenses are disqualifications for CDL in Texas, including offenses involving the use of a motor vehicle in commission of a felony, and certain controlled substance offenses. Learn more.

HOW LONG AFTER A DUI CAN YOU GET A CDL IN TEXAS?

A first-time DUI is a 1 year disqualification for CDL in Texas. A second offense means a person is disqualified from operating a commercial motor vehicle for life. Learn more.

  • Can I get a CDL with 2 DUIs in Texas? A second DUI is a lifetime disqualification for CDL in Texas. However, some individuals may qualify for a CDL reinstatement after 10 years if they’ve voluntarily entered and completed substance abuse rehabilitation. Learn more.
  • Can you get a CDL with 3 DUIs in Texas? A person may get a CDL with 3 DUIs provided they’ve not been previously reinstated. However, a motorist who picks up an additional DUI after having been suspended for 2 or more DUIs is disqualified for life with no possibility for reinstatement. Learn more.

DUI WITH CDL IN PERSONAL VEHICLE ?

A Texas CDL will be subject to suspension for DWI regardless of whether the driver is operating a personal or commercial vehicle. Texas motorists facing a DWI in Texas can contest a CDL suspension by requesting an ALR hearing. Learn more.

  • CDL lifetime disqualification reinstatement? Texans with a lifetime CDL disqualification may apply for reinstatement after 10 years after completing an appropriate, state-approved rehabilitation program. However, those suspended for human trafficking or controlled substance manufacture or distribution are not eligible for reinstatement of a lifetime disqualification.Also, any subsequent commission of a disqualifying offense after a CDL reinstatement results in a permanent disqualification with no possibility for reinstatement. Learn more.
  • If your CDL is suspended can you still drive a car? Yes, a Texas driver with a suspended CDL can still drive a car if their regular driver’s license is not also suspended. Some motorists with suspended driver’s licenses may also qualify for an Occupational Driver’s License. Learn more.

HOW LONG DO YOU LOSE YOUR LICENSE FOR A DUI IN TEXAS?

Texas has severe DUI consequences that can result in a maximum 2 year driver’s license suspension. Additionally, CDL operators in Texas face lifetime suspension of commercial vehicle driving privileges for two or more DUI offenses. Learn more.

  • Is your license automatically suspended after a DUI in Texas? Although a DUI arrest normally results in an immediate notice of suspension, the actual suspension itself does not go through until 40 days following the arrest. Texans facing a DUI charge can contest a driver’s license suspension, including a CDL suspension, by requesting an ALR hearing. Additionally, an Occupational Driver’s License allows a motorist to legally drive during the suspension period. Learn more.
  • How do I reinstate my license after a DUI in Texas? A driver’s license in Texas can be reinstated following expiration of a suspension period. Reinstatement requires payment of a DPS reinstatement fee of $125.

HOW DO I CLEAN MY DRIVING RECORD IN TEXAS?

Driving records can be cleaned through Deferred Disposition in Texas. Deferred Disposition is a powerful legal tool that can dismiss most moving violations in Texas. Learn more.

  • How long is a DUI class in Texas? Texas DUI classes vary in length and intensity. Some classes are 6 hours long, while some are 12 hours long, and some take several weeks to complete. Certain DUI classes may also be completed online. Learn more.

CAN YOU GET DEFERRED ADJUDICATION WITH A CDL IN TEXAS?

Yes, CDL operators can resolve many criminal matters through Deferred Adjudication probation. However, CDL operators are ineligible for Deferred Disposition when cited for moving traffic violations in Texas. Learn more.

  • What is the biggest truck you can drive without a CDL in Texas? A driver can operate up to a 26,000 pound truck without a CDL in Texas.

HOW LONG IS A CDL VALID FOR IN TEXAS?

A Texas CDL is valid for 8 years after the operator’s next birthday from the issuance date. A Hazardous Material Endorsement is valid for 5 years after the operator’s next birthday from the issuance date.

  • How to get CDL in Texas 2023? The CDL application process in Texas is lengthy, requiring several hours of training and a skills test. Interested individuals should consult the Texas DPS website.

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WE FIGHT FOR DISMISSAL

WE FIGHT FOR DISMISSAL

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

CHARGES DISMISSED

DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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