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Law Offices of Richard C. McConathy
109 York Ave #207
Weatherford , TX , 76086 USA
(817) 458-3226

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Law Offices Of Richard C. McConathy

Commercial Vehicle DWI

Commercial Vehicle DWI Attorney

Commercial truck drivers face a number of serious demands on their jobs, and the law does not allow much wiggle room when it comes to drinking and driving. Commercial truck drivers can be faced with a commercial vehicle DWI charge even when having a blood or breath alcohol concentration (BAC) that is less than the legal limit for most regular drivers.

A commercial DWI can lead to possible job loss for a truck driver. Most commercial truck drivers cannot afford to have their commercial driver’s licenses (CDLs) suspended for any period of time, which makes an aggressive defense critical.

Commercial Vehicle DWI

Weatherford, TX Commercial DWI Lawyer

If you or your loved one were arrested for a commercial DWI offense in the greater Weatherford area, you will have to retain legal counsel as soon as possible. You should not wait to contact The Law Offices of Richard C. McConathy.

Our firm handles DWI cases throughout North Texas and we know how to fight to help people avoid the costliest of penalties. Call (817) 458-3226 or contact us online to have us review your case and answer all of your legal questions during a free consultation.

Commercial DWI Charges in Parker County

Texas Transportation Code § 522.003(5) defines a commercial motor vehicle as a motor vehicle or combination of motor vehicles used to transport passengers or property that:

  • has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;
  • has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;
  • is designed to transport 16 or more passengers, including the driver; or
  • is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

It is important to understand that commercial drivers can face possible employment consequences of DWI arrests even when the alleged offenses occur in traditional passenger vehicles. When they are driving commercial vehicles, however, commercial truck drivers have a far lower BAC limit than other people as they can be charged for DWI with a BAC of only 0.04 instead of the usual limit of 0.08.

Under Texas Penal Code § 49.04, a person commits DWI if they are intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) establishes two definitions for the term intoxicated.

Intoxicated is first defined as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” It is also defined as a person having a blood or breath alcohol concentration (BAC) of 0.08 or more.

In most cases, a first commercial DWI is a class B misdemeanor. A BAC of 0.15 or greater, however, makes the crime a class A misdemeanor. 

Commercial DWI Penalties in Texas

When it comes to jail and fines, convictions for DWI can carry the following consequences:

  • Class B Misdemeanor — Fine of up to $2,000 and/or up to 180 days in jail 
  • Class A Misdemeanor — Fine of up to $4,000 and/or up to one year in jail 

The far greater concern for many commercial truck drivers is the impact a conviction would have on their CDL. When it comes to disqualifications from driving commercial motor vehicles, Texas Transportation Code § 522.081(a) establishes that a person who holds a commercial driver’s license or commercial learner’s permit is disqualified from driving a commercial motor vehicle for 60 days if convicted of two serious traffic violations that occur within a three-year period, or one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing. 

A person is disqualified from driving a commercial motor vehicle for 120 days if convicted of three serious traffic violations arising from separate incidents occurring within a three-year period, or two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occurs within a three-year period. Under Texas Transportation Code § 522.081, a person who holds a commercial driver’s license or commercial learner’s permit is disqualified from driving a commercial motor vehicle for one year:

  • if convicted of three violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occurs within a three-year period;
  • on first conviction of driving a motor vehicle under the influence of alcohol or a controlled substance, leaving the scene of an accident involving a motor vehicle driven by the person, using a motor vehicle in the commission of a felony, causing the death of another person through the negligent or criminal operation of a motor vehicle, or driving a commercial motor vehicle while the person’s commercial driver’s license or commercial learner’s permit is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;
  • for refusing to submit to a test under Chapter 724 to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or drug while operating a motor vehicle in a public place; or
  • if an analysis of the person’s blood, breath, or urine under Chapter 522, 524, or 724 determines that the person had an alcohol concentration of 0.04 or more, or that a controlled substance or drug was present in the person’s body, while operating a commercial motor vehicle in a public place, or had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place.

Texas Transportation Code § 522.081(c) establishes that a person who holds a commercial driver’s license is disqualified from operating a commercial motor vehicle for three years if the person:

  • is convicted of an offense listed in Subsection (b)(2) and the vehicle being operated by the person was transporting a hazardous material required to be placarded;
  • refuses to submit to a test under Chapter 724 to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or drug while operating a motor vehicle in a public place and the vehicle being operated by the person was transporting a hazardous material required to be placarded;  or
  • an analysis of the person’s blood, breath, or urine under Chapter 522, 524, or 724 determines that while transporting a hazardous material required to be placarded the person while operating a commercial motor vehicle in a public place had an alcohol concentration of 0.04 or more, or a controlled substance or drug present in the person’s body, or while operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of 0.08 or more.

Under Texas Transportation Code § 522.081(d), a person is disqualified from driving a commercial motor vehicle for life:

  • if the person is convicted two or more times of an offense specified by Subsection (b)(2), or a combination of those offenses, arising from two or more separate incidents;
  • if the person uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance;
  • for any combination of two or more of the following, arising from two or more separate incidents: a conviction of the person for an offense described by Subsection (b)(2); a refusal by the person described by Subsection (b)(3); and an analysis of the person’s blood, breath, or urine described by Subsection (b)(4); or
  • if the person uses a motor vehicle in the commission of an offense under 8 U.S.C. Section 1324 that involves the transportation, concealment, or harboring of an alien.

Texas Transportation Code § 522.081(e) also states that a person cannot be issued a commercial driver’s license or a commercial learner’s permit and is disqualified from operating a commercial motor vehicle if, in connection with the person’s operation of a commercial motor vehicle, the person commits an offense or engages in conduct that would disqualify the holder of a commercial driver’s license from operating a commercial motor vehicle, or is determined to have had an alcohol concentration of 0.04 or more or to have had a controlled substance or drug present in the person’s body.  

Commercial DWI Defenses in Weatherford, TX

It is important for anybody dealing with a commercial DWI arrest to seek legal representation right away so an attorney can take the steps necessary to protect driving privileges. Hearings to contest disqualifications need to be requested within mere days of notice.

Many of the most common DWI issues can also arise in commercial DWI cases, and there may be issues with police officers using non-standardized field sobriety tests or making any one of a number of errors in the administration of breath tests. An experienced criminal defense lawyer will be able to look over all of the specific elements of your own unique case to determine the strongest possible defense option.

Parker County, TX Commercial DWI Resources 

Commercial Vehicle Enforcement Overview | Texas DPS — Visit the Texas Department of Public Safety website dedicated to commercial vehicle enforcement. As the website notes, the program consists of enforcement of motor carrier safety regulations, enforcement of weight and size laws, enforcement of hazardous material regulations, enforcement of registration laws applicable to commercial vehicles, enforcement of all traffic laws, and enforcement of criminal law. Learn more about the history of the Commercial Vehicle Enforcement Service, commercial motor vehicle laws, and view other publications.

Texas CDL Handbook Online 2020 | TX – Driving-Tests.org — Download a PDF version of the Texas Commercial Motor Vehicle Drivers Handbook. The 178-page handbook addresses such topics as transporting cargo and passengers safely, air brakes, and combination vehicles. You can also learn more about tank vehicles, hazardous materials, and special requirements for Texas commercial motor vehicles.

Find a Weatherford, TX Commercial DWI Attorney | Law Offices of Richard C. McConathy

Were you recently arrested for a commercial DWI offense in Weatherford or another community in Parker County? Do not wait another moment to get yourself a skilled criminal defense lawyer.

The Law Offices of Richard C. McConathy can fight to help you present the strongest possible case in court and possibly avoid major consequences. You can have us take a closer look at your case and discuss everything with you when you call (817) 458-3226 or contact us online to set up a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

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