A DWI arrest puts every driver’s license at risk, but for a commercial driver, the stakes are categorically different. Under federal motor carrier regulations and Texas law, commercial drivers are held to a BAC threshold of 0.04% while operating a commercial vehicle, half the standard limit. A first DWI conviction results in a mandatory minimum one-year CDL disqualification. A second conviction means lifetime disqualification from operating a commercial vehicle. Your career, your income, and your family’s financial security are all on the line. From arrest, you have 15 days to request an ALR hearing.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He understands how DWI cases affecting commercial drivers are built, both the criminal case in state court and the federal regulatory consequences that run alongside it. CDL disqualification does not wait for a conviction. It can begin with the arrest itself under certain circumstances. He works to protect both tracks simultaneously from the earliest possible stage. Contact our firm today for a free consultation.
Most DWI defense attorneys focus on the criminal case in state court. For a commercial driver, that is only half the picture. Federal regulations under 49 CFR Part 383 govern CDL disqualification independently of the state criminal process, and the consequences under those regulations can be permanent. A defense strategy that wins the criminal case but fails to address the federal regulatory timeline may still cost you your career. Board Certification in Criminal Law by the Texas Board of Legal Specialization signals the kind of expertise these overlapping systems require.
Our defense in commercial driver DWI cases addresses both the criminal charge and the CDL consequences from day one. We focus on:
For a commercial driver DWI conviction in Texas, courts almost always order an Ignition Interlock Device (IID) as part of any sentence or plea agreement. An IID is a breath-testing instrument wired to your vehicle’s ignition that requires a clean breath sample before the engine will start. David Smith Law Firm has arranged access to SmartStart IID services for Houston-area clients, including a free first month for qualifying clients.
Choosing a dependable IID provider matters. Missed calibration appointments or any sign of tampering can trigger additional criminal charges or probation violations. SmartStart provides 24/7 support and is available throughout Houston and Harris County, making compliance straightforward for our clients.
