DFW Metroplex

CDL Drivers & DWI

For a commercial driver, a DWI is not primarily a criminal problem. It is an employment problem with a criminal case attached. The jail exposure on a first offense is one thing; the disqualification of your commercial license is the thing that takes your income.

Two facts change the strategy immediately. Federal standards apply a lower blood alcohol threshold while operating a commercial vehicle than the 0.08 that applies to everyone else. And deferred adjudication is not available to CDL holders on a DWI in Texas — the option many first-time defendants rely on does not exist for you.

An off-duty arrest in your own car still counts

This is the part drivers do not expect. Disqualification of a commercial license can follow a DWI conviction regardless of whether you were working, and regardless of whether you were in a commercial vehicle at the time. A Saturday night arrest in your personal pickup can end a career you spent fifteen years building.

Why reduction is usually the whole case

Because deferred adjudication is unavailable and the licensing consequences attach to the offense itself, the defense objective in a CDL case is generally narrower and clearer than in an ordinary DWI: dismissal, or reduction to an offense that is not an alcohol-related driving offense. Everything else is secondary.

That objective shapes decisions from the first week. It affects whether we push the ALR hearing hard, how we approach the blood work, and whether a plea that looks acceptable on paper is actually a career-ending outcome in disguise.

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  • Frequently Asked Questions:

    Will I lose my CDL for a first DWI?

    A conviction for an alcohol-related driving offense carries commercial license disqualification. That is why the goal in a CDL case is to avoid a qualifying conviction, not to negotiate a lighter sentence on one.

    Does it matter that I was in my own car and off duty?

    Not as much as most drivers assume. Commercial license consequences can attach to a conviction regardless of the vehicle you were driving or whether you were working at the time.

    Can I get deferred adjudication?

    Not on a DWI as a CDL holder. Texas excludes commercial license holders from DWI deferred adjudication, which removes an option that is available to many other first-time defendants.

    Should I tell my employer?

    Most commercial driving employers have reporting requirements in their policies or contracts, and the consequences of not reporting can exceed the consequences of reporting. Talk to your lawyer before you talk to your employer, and do it quickly.

    What happens to my license while the case is pending?

    Request the ALR hearing within 15 days of arrest. An occupational license does not restore commercial driving privileges, so protecting the license through the ALR process matters more here than in almost any other kind of case.