If you are a commercial driver your license is very important to maintaining your livelihood, maintaining employment and supporting your family. What you may not realize is the state of Texas substantially increased the penalties for drunk driving with a commercial driver’s license beginning in June of 2005.

After June 1, 2005, Texas laws were updated to comply with the Federal Motor Carrier Improvement Act. After this date, Texas drivers who are arrested for their first drunk driving charge, even if they are driving in a non-commercial vehicle, can expect to lose their CDL license for a minimum of one year.

Drivers who are arrested a second time for drunk driving in Texas will lose their CDL license for life, although the laws allow the driver to reapply after 10 years.

What if you are arrested for drunk driving in another state? Do not assume your Texas commercial driver’s license is safe. Most states have an agreement with Texas that they will report all DUI convictions to the state of Texas and you will have your CDL suspended.

Drunk Driving with a Commercial Driver’s License in Texas

 

Many drivers know that it is illegal to drive with a blood alcohol content of 0.08% or higher, but what if you are driving a commercial vehicle? Drivers who are driving a commercial motor vehicle can be arrested for drunk driving (operating a motorized vehicle under the influence of alcohol or drugs) in the state of Texas if their blood alcohol content is 0.04% or higher.

Conditions that you can lose your CDL License for one year

 

• Convicted of operating a commercial vehicle under the influence of alcohol or narcotics
• Refusing to submit to a blood alcohol content test
• The blood alcohol content test determines the driver had an alcohol level of 0.04% or higher
• The drivers blood alcohol content level was 0.08% or higher while operating a noncommercial motorized vehicle

 

If the driver is transporting a hazardous material when they are arrested for drunk driving the penalties will be for 3 years, instead of one (for first time DWI arrests).

Reinstating Commercial Driver’s License after Drunk Driving Conviction

 

Texas drivers may be able to reinstate their commercial driver’s license after the required suspension period. Contact the Texas Department of Public Safety for more information.

According to the Texas DPS Office, drivers must pay their reinstatement fees and review the reinstating license eligibility application for more information. Compliance documents (without fees) should be mailed, faxed, or e-mailed to:

Texas Department of Public Safety

 

Enforcement and Compliance Services
P.O. Box 4087
Austin TX 78773-0320

Fax: (512) 424-2848

E-mail: driver.improvement@dps.texas.gov. E-mailed documents must be in PDF format.

If mailing reinstatement documents, please allow 14 business days from receipt for processing. Please include a copy of the suspension notice along with your full name, date of birth, and driver license number.

If you cannot pay your fees online, compliance documents with fees should be mailed to:

Texas Department of Public Safety

 

Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999

Please submit a check or money order only. We do not accept cash. Make the check or money order payable to Texas DPS and include a copy of the suspension notice along with your full name, date of birth, and driver license number.

Related articles

• Drunk Driving and Look back laws in Texas (duiattorneyhome.com)
• Drunk driving – How long does the prosecutor have to charge me? (duiattorneyhome.com)
• Drunk Driving and Hardship License in Mississippi (duiattorneyhome.com)

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---

 

If you have been arrested for DWI or driving while intoxicated with drugs or alcohol, you may need the help of a qualified Fort Worth DWI lawyer. Regardless of the circumstances, a Fort Worth DWI attorney can help offer DWI advice. Find a DWI lawyer in Fort Worth who has a good reputation for working with Texas prosecutors and judges. Most Fort Worth DWI lawyers will provide a free initial consultation to review your DWI charges and discuss the next steps in the DWI process.

 

Drivers in Forth Worth or any of the surrounding areas including: Arlington, Grand Prairie, Mansfield, Bedford, Cedar Hill or Coppell can be charged with driving while intoxicated (or more commonly called DUI or driving under the influence in many states) if their blood alcohol concentration (BAC) is 0.08% or higher or if they lost their “normal function of their mental or physical faculties” because they are under the influence of drugs or alcohol.

Fort Worth DWI is serious and contacting a Fort Worth DWI attorney is always a good idea. DUI attorneys can help a driver navigated the complicated DWI legal procedures and answer DWI/DUI questions. Fort Worth DWI attorneys understand the legal consequences of DWI. Find a Fort Worth criminal defense attorney who specializes in DWI cases and has a successful record of providing high quality DWI defenses at a reasonable cost.

Penalties for DWI Convictions in Fort Worth

First DWI Conviction in Fort Worth

 

Fort Worth Drivers who are charged and convicted with a Class B Misdemeanor DWI in Fort Worth will have the following DWI penalties:

• Fort Worth drivers may be required to pay up to $2,000 in fines and penalties
• Fort Worth drivers may be assessed 24 to 100 hours of community service
• Fort Worth drivers may have to spend up to 180 days in jail

 

Second DWI Conviction in Forth Worth

• Fort Worth drivers may have to install an Ignition Interlock Device in their car
• Forth Worth drivers may have to pay up to $4,000 in fines and spend at least 72 hours in jail.
• Courts may also require drivers to perform community service for 80 to 200 hours
• Mandatory license suspension may be required for 80 days to 2 years

 

Third DWI Conviction in Fort Worth

 

A third conviction for DWI in Fort Worth is considered a 3^rd Degree Felony and has the following DWI penalties:

• Fort Worth drivers may have to serve 2 to 10 years in prison and have to install an Ignition Interlock Device in their car as a condition of their release from state prison.
• DWI fines can be as high as $10,000 and drivers may also face a license suspension for 180 days to 2 years.
• DWI courts may order the driver to attend a drug or alcohol treatment program and serve up to 160 to 600 hours of community service.

Fort Worth’s Implied Consent Laws

 

Fort Worth drivers who refuse to take a chemical test of their blood, breath or urine, when asked to do so by a Fort Worth police officer, may have their license suspended. Fort Worth drivers have 15 days from the DWI arrest to file a request for an administrative license hearing and challenge their license suspension. Drivers who have failed or refused a chemical test should contact a Fort Worth DWI lawyer. DWI lawyers in Fort Worth can file the license suspension appeal paperwork and help get drivers get their license back. If the courts do not reverse the license suspension, drivers may be able to get a restricted license which allows them to continue to drive to work or to school.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---

Fort Worth police officers have several methods they can use to gather evidence a driver is driving while intoxicated (DWI) in Fort Worth, Texas. Observation of erratic or illegal driving actions, the physical characteristics of the suspect and a field sobriety test can all provide invaluable information about a driver’s sobriety. Combined together this information may give the arresting officer probable cause to arrest a driver and charge them with DWI.

Drivers may be charged with DWI in Fort Worth if their BAC or blood alcohol concentration is 0.08% or higher or their driving is impaired from consuming alcohol or drugs. Fort Worth drivers may be impaired and unable to drive safely with out reaching the illegal BAC limit.

The field sobriety test, standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), is comprised of three tests: the horizontal gaze nystagmus, the walk and turn and the one leg stand. The field sobriety test has been used for the last forty-years by officers through out the United States including Fort Worth, Texas. The field sobriety test is a valuable tool for identifying intoxicated drivers, but it is not infallible. Fort Worth drivers who are fatigued, over-weight, elderly or not physically fit may all have difficulty completing the test.

Hiring a Fort Worth DWI lawyer

If you have failed a field sobriety test in Fort Worth, a Fort Worth DWI lawyer should be contacted. A DWI conviction in Fort Worth carries harsh penalties, and drivers, who do not have adequate legal representation, may be forced to pay high fines, spend time in jail or have their license suspended. Fort Worth DWI lawyers understand the complexities of Texas DWI laws and can help drivers fight their DUI charges.

Horizontal Gaze Nystagmus

Fort Worth police officers can use the horizontal gaze nystagmus or the HGN test to measure the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Drivers who are unable to follow a pen or a small flashlight as it moves slowly in front of their face with a coordinated and smooth motion may have consumed alcohol or drugs. Scientific studies have indicated intoxication can lead to exaggerated, jerking motions of the eye. Unfortunately, some drivers who have to take certain medication or who have a congenital eye defect may also have trouble completing the test. The NHTSA has stated this test, if done correctly, can have an accuracy rate of 88%.

Walk-and-Turn

Fort Worth police officers may also have drivers complete a walk and turn test to test their sobriety. The walk and turn test requires drivers to walk, heel to toe, with their arms at their sides, down an imaginary or real line for nine steps, turn and walk back- all with out falling, swaying or raising their hands. Police officers will notice if a driver loses their count, takes a misstep or stops before completing the test. Drivers who make a mistake on multiple test components may be intoxicated. Fort Worth police officers should give clear instructions before the driver attempts the test and the test should be done on a flat, hard surface.

One-Leg-Stand

Fort Worth police officers may have the driver complete a one leg stand as the final part of the Fort Worth field sobriety test. Drivers are asked to stand straight, arms to their side, head straight and raise one of their legs approximately 6 inches from the ground while either the driver or the officer counts a loud. If the driver is unable to hold their leg up and maintain balance, they may fail the test. The NHTSA has estimated the accuracy of this test is approximately 83% if the driver fails several of the test components.

Hiring a DWI lawyer in Fort Worth, Texas

Refusing to submit to a chemical test or failing a field sobriety test are both two good reasons to contact a DWI lawyer in Fort Worth, Texas. Field sobriety tests can be a good tool for police officers to establish probable cause for a DWI arrest, but drivers who are taking certain medications, extremely fatigued, more than 50 pounds overweight or who have other physical limitations may have trouble completing the test. In some cases the subjective conclusions of the arresting officer may have been incorrect.

Fort Worth DWI lawyers handle hundreds of DWI cases each year and can review every aspect of the DWI arrest. If you have been arrested for DWI in Texas, do not despair. DWI lawyers understand Texas DWI laws and can get you the help you need.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Texas, there were 1,544 deaths attributed to alcohol which represented 45% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like McAllen, Edinberg, and Mission, Texas.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Texas and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now, and we will help you find an attorney in the area where you live that can help you deal with the charges you are facing.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---