Posted on | March 22, 2011 | No Comments
McKinney TX CDL DWI / DUI – Commercial Drivers License Lawyer
Collin County | Denton County | Grayson County
If you have a commercial driverâ€™s license (CDL) and have been arrested for drunk driving, you face the suspension of your regular driverâ€™s license, fines, and a possible jail sentence. Additionally, in order to comply with the federal Motor Carrier Improvement Act, your CDL will be suspended â€“ regardless of whether this is your first or a repeat DWI conviction. Here, itâ€™s important to remember that your CDL will be suspended for a minimum of one year regardless of whether or not you were driving a commercial or non-commercial vehicle at the time of your DWI arrest.
The Loss of Your CDL after a DWI / DUI Conviction
If youâ€™ve been arrested as a repeat DWI offender, you could lose your CDL for life if convicted. If your CDL is revoked for life, you can apply for its reinstatement after a 10-year period has elapsed. Under the Texas Commercial Driverâ€™s License Act, any driver of a commercial vehicle is considered to have consented to a blood or alcohol test should a police officer have probable cause to test the driver. If you refused to submit to a blood or breath test, your driving privileges will be automatically suspended for 24 hours. Your driving rights will be revoked for at least a year as well.
Itâ€™s also important to remember that a blood alcohol content (BAC) of .04 or higher is considered over the legal limit if you are driving a commercial vehicle. Consequently, a few drinks over lunch may be enough to put you over the legal limit, even if you feel perfectly able to drive.
Challenging a Drunk Driving Charge
After your DWI / DUI arrest, you have 15 days to schedule an Administrative License Revocation (ALR) hearing. The purpose of the ALR hearing is to determine whether or not your driverâ€™s license and CDL should be suspended. As a result, it is a separate matter from your DWI / DUI hearing. During the ALR, the arresting officer is put under oath for questioning. Here, your DWI defense lawyer can raise important issues that suggest proper procedures were not followed.
While a drunk driving arrest may look relatively simple and straight forward, a number of factors come into play that could result in the DWI charges against you being dismissed. For example, did the officer have reasonable suspicion to pull you over? Was the field sobriety test administered correctly? If you were given a breath test, was the Intoxilyzer or Breathalyzer machine calibrated properly? If you were given a blood test, was it collected according to proper protocols?
Contact McKinney CDL / DWI Attorneys at Gibbs Nolte Robison Rose PLLC
There are a number of issues that must be reviewed if you have a commercial driverâ€™s license and have been arrested for DWI / DUI. Even if you received the DWI in another state, it will be reported to the state of Texas. To learn what you can do to protect your driving privileges and CDL, contact McKinney DWI defense attorneys at Gibbs Nolte Robison Rose PLLC today.