Frisco CDL DWI Defense Attorney
Can I Lose My CDL for DWI in Collin County?
Across the state of Texas, thousands of individuals depend on their commercial driver’s license (CDL) to provide for themselves and their families. A CDL is required for long-haul truckers, delivery drivers, bus drivers, heavy equipment operators, and others who drive for a living. Texas leads the nation in the number of CDL holders, with 172,000 licensed drivers as of 2025. This means that 15 out of every 1000 working Texans is a CDL holder.
Under Texas statutes and federal regulations, commercial drivers are held to a higher standard of roadway safety, especially when it comes to driving while impaired. Under the law, a CDL driver who is convicted of a DWI must be disqualified from operating a commercial vehicle for a specific period of time, depending on the specific circumstances of the DWI.
DWIs are harmful for anyone, but for a CDL license holder, it could mean the end of your life as you know it. At the Frisco-based Biederman & Burleson, P.L.L.C., we realize that a charge of driving while intoxicated (DWI) can be devastating if you have a CDL. That’s why, if you’re facing charges for operating a commercial or private vehicle while intoxicated, it’s vital you contact our experienced DWI attorneys. We can provide the top-quality representation you need and deserve.
What is Considered DWI for a CDL Driver in McKinney?
For drivers of legal drinking age—that is, age 21 and older—Texas law provides a legal limit for blood-alcohol concentration (BAC) of 0.08. If your BAC is 0.08 or higher, you are considered intoxicated, and it is illegal for you to operate any vehicle on a public road in Texas.
However, the restrictions are more severe for CDL holders. If you have a commercial driver’s license, you are bound by the same limit, but only in a non-commercial vehicle. If you are driving a commercial motor vehicle such as a bus, dump truck, or tractor-trailer, your BAC must be less than 0.04.
The lower limit is meant to encourage safer driving for CDL holders, who are often operating vehicles such as large trucks that could cause especially serious damage in the event of an accident. However, the consequences for exceeding either standard are grave for CDL holders.
How Long Can I Lose My CDL For if I’m Convicted of DWI?
The length of time you can be restricted from driving a commercial vehicle depends on a variety of factors. These include, but are not necessarily limited to, whether you have ever been convicted of DWI in the past and the type of materials you were transporting at the time of your arrest.
If you have never been convicted of a DWI before, you will be disqualified from operating a commercial vehicle for at least one year. The period may be longer depending on the circumstances of your arrest. However, if you have ever been convicted of a DWI before and receive a second conviction following the reinstatement of your CDL, your license must be permanently revoked.
The mandatory disqualification period extends if you are transporting hazardous materials at the time of your arrest. DWI while transporting hazardous materials is considered especially dangerous and comes with a mandatory three-year disqualification.
These are only some of the circumstances under which you could be disqualified from operating a commercial vehicle due to DWI. If any other crimes were committed in conjunction with your DWI, such as destruction of property, manslaughter, leaving the scene of an accident, injury, or death, the consequences could be more severe. Depending on the circumstances of your arrest, you could also potentially face jail time and additional charges. This is why if you or a loved one were arrested for DWI in Frisco, it’s vital you contact us immediately.
What are the Criminal Penalties for a DWI Conviction for CDL Holders?
In addition to being disqualified from operating a commercial vehicle, you may face additional criminal charges. Being sentenced to time in jail for any period of time can seriously impact the course of your life and your career. Even if it’s only a first offense and your sentence is brief, you may face difficulty re-integrating into the workforce or finding employment.
The criminal penalties for a conviction on DWI charges are the same for CDL holders as they are for non-commercial drivers. A first offense is usually a Class B misdemeanor, punishable by:
- Up to 180 Days in Jail
- Fines Up to $2000
- Two Years of Probation
A second offense is generally prosecuted as a Class A misdemeanor, with penalties that could include up to one year in jail, up to $4,000 in fines, and two years of probation.
Although an Occupational Driver’s License may be obtained, it cannot be used to drive a commercial vehicle.
What Should I Do if I’m a CDL Holder Pulled Over for DWI in Texas?
If you are arrested for DWI as a CDL holder, the arresting officer will usually ask you to submit to either a breath or blood test to determine your BAC. The legal limit will depend on what type of vehicle you were operating at the time of your arrest. If you fail or refuse the test, the officer will take your driver’s license and your CDL and give you a temporary license.
The officer will also file paperwork with the Texas Department of Public Safety to begin the process of suspending your driver’s license and disqualifying your CDL, even if you were driving a private, non-commercial vehicle. Failing or refusing a BAC test will result in the disqualification of your CDL for one year. The disqualification period jumps to three years if you were driving a commercial vehicle carrying hazardous materials.
It is essential to act quickly after receiving notice of an impending suspension of your driver’s license and CDL. In most cases, you only have 15 days to request an Administrative License Revocation hearing so that you can challenge the suspension. If your ALR hearing is successful, you will be allowed to continue using your CDL until the DWI charges are resolved. The attorneys at the Law Offices of Biederman & Burleson P.L.L.C. can help you prepare for your ALR hearing to give you the highest chance of success.
Can I Ever Get my CDL License Back if it’s Been Revoked for DWI?
Although it is challenging, it may be possible to get your license back after it has been revoked due to DWI. If you lost your license following a second conviction, you must wait ten years before you are eligible to get your license back. Before you can, you must also complete a state-approved diversion program and pay any appropriate fees.
During the 10 years, you cannot operate a commercial vehicle. Note that applying for a reinstatement of your CDL is not a guarantee that you will necessarily receive it. There are also certain circumstances under which you may not apply for reinstatement. These include, but are not limited to, having been arrested and convicted for felonies involving human trafficking or certain drug offenses.
The best way to avoid having to go through license reinstatement is to avoid having your license revoked in the first place. That’s why if you or a loved one has been arrested for DWI in Texas, you must contact one of our experienced DWI defense attorneys.
What Should I Do if I’m a CDL Holder and I’m Arrested for DWI?
For a CDL holder, their license is their livelihood. Few people can afford to be out of work for an entire year. Even if you “only” have your license restricted for a year, the gap in employment can make it challenging to find future employment. Additionally, many employers are hesitant to employ drivers who have been convicted of a DWI in the past. That means even a first-time DWI can derail not only your career but your whole life.
At the Law Offices of Biederman & Burleson, P.L.L.C., partners Hunter Biederman and Troy Burleson have more than 40 years of combined legal experience. With our team-based approach, we have secured trial victories in more than 500 DWI cases, including more than 100 in which our clients failed a breath or blood test. We have helped countless other clients, many of whom were CDL holders, obtain favorable resolutions through pre-trial dismissals and plea bargains. If you are a commercial driver’s license holder who is facing DWI charges, we are ready to put our knowledge and skills to work on your behalf.
For more information about us and how we can assist you in protecting your CDL privileges, call (469) 517-3364 to schedule a free consultation and case review. Our firm represents clients in Denton County, Dallas County, Collin County, and surrounding areas.
Getting pulled over for DWI can seriously stall your life. Don’t let it. With Biederman & Burleson on your side, you can stay out of jail and on the road—but you must contact us today.
