Driving while intoxicated (DWI) in Texas is a serious offense with severe consequences. For commercial drivers, the stakes are even higher. Operating large trucks and commercial vehicles requires utmost responsibility, and any lapse in judgment, such as driving under the influence, can lead to disastrous results. The state of Texas has stringent laws governing DWI offenses, and commercial drivers need to be particularly aware of these regulations to avoid jeopardizing their careers and personal lives.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Douglas Wilder
Legal Blood Alcohol Concentration (BAC) Limits
One of the critical aspects of DWI laws in Texas is the Blood Alcohol Concentration (BAC) limit. For regular drivers, the legal BAC limit is 0.08%. However, for commercial drivers, the limit is significantly lower. A commercial driver is considered legally intoxicated if their BAC is 0.04% or higher. This lower threshold reflects the higher level of responsibility placed on commercial drivers due to the potential harm that can result from accidents involving large vehicles. Understanding and adhering to this limit is essential for truckers to maintain their commercial driving licenses and avoid severe penalties.
Penalties for DWI Offenses
The penalties for DWI offenses in Texas are severe and become even more stringent for commercial drivers. A first offense can result in fines, jail time, and a license suspension. For commercial drivers, a DWI conviction can lead to disqualification from operating commercial vehicles for one year. If the offense involves hazardous materials, the disqualification period extends to three years. A second DWI conviction results in a lifetime ban from holding a commercial driver’s license. These harsh penalties underscore the importance of avoiding DWI offenses and maintaining a clean driving record.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!” - Anil Lingutla I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10." - Isaac Harrell After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm." - JJ Canter
Impact on Employment
A DWI conviction can have a devastating impact on a commercial driver’s employment prospects. Most trucking companies have strict policies against hiring drivers with DWI convictions. Even if a driver manages to retain their commercial license, finding employment in the industry can become exceedingly difficult. Employers are concerned about the potential liability and safety risks associated with hiring drivers who have a history of impaired driving. Consequently, a DWI conviction can effectively end a commercial driver’s career.
Insurance Implications
Insurance companies also take a dim view of DWI convictions. A commercial driver with a DWI on their record will face significantly higher insurance premiums. In some cases, insurers may refuse to provide coverage altogether. This can make it prohibitively expensive or impossible for a driver to operate a commercial vehicle. The increased financial burden of higher insurance costs adds another layer of difficulty for drivers seeking to continue their careers after a DWI conviction.
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Legal Defenses and Rights
Despite the severe consequences of a DWI charge, commercial drivers have legal rights and defenses available to them. It is crucial to seek legal representation immediately if charged with a DWI. An experienced attorney can review the circumstances of the arrest, examine the evidence, and identify any potential violations of the driver’s rights. Common defenses include challenging the accuracy of the BAC test, questioning the legality of the traffic stop, and disputing the officer’s observations and conduct. Understanding these defenses can provide commercial drivers with a fighting chance to contest the charges and potentially avoid the harshest penalties.
The Importance of Legal Representation
Navigating the legal system can be daunting, especially for commercial drivers facing the complexities of DWI laws. Engaging the services of a knowledgeable attorney is crucial. An attorney who understands the intricacies of Texas DWI laws and has experience defending commercial drivers can make a significant difference in the outcome of a case. They can provide valuable guidance, build a strong defense, and advocate on behalf of the driver in court. Legal representation can help mitigate the consequences of a DWI charge and increase the chances of a favorable resolution.
Steps to Take After a DWI Charge
If a commercial driver is charged with a DWI, it is important to take immediate action to protect their rights and future. The first step is to contact an attorney who focuses on DWI cases. They can provide advice on how to proceed, what to expect, and how to prepare for the legal process. It is also crucial to comply with all legal requirements, such as attending court hearings and complying with any conditions of bail. Additionally, drivers should avoid discussing their case with anyone other than their attorney to prevent any statements from being used against them in court.
The Role of the Employer
Employers play a significant role in the aftermath of a DWI charge for commercial drivers. Trucking companies have a responsibility to ensure the safety of their operations and the public. As such, they are likely to take immediate action if a driver is charged with a DWI. This can include suspension or termination of employment, mandatory drug and alcohol counseling, or other disciplinary measures. It is important for drivers to understand their employer’s policies and cooperate fully with any requirements or investigations. Open communication with the employer can also be beneficial in demonstrating a commitment to resolving the issue and preventing future incidents.
Rehabilitation and Prevention
Preventing DWI offenses is crucial for the safety of commercial drivers and the public. Drivers should be aware of the resources available for alcohol and substance abuse counseling and rehabilitation. Many trucking companies offer support programs for drivers struggling with addiction or substance abuse issues. Participating in these programs can not only help drivers address their problems but also demonstrate to employers and the legal system a genuine commitment to change. Prevention efforts, such as education on the dangers of impaired driving and regular health check-ups, can also play a vital role in maintaining a clean driving record.
The Long-Term Impact of a DWI Conviction
The long-term impact of a DWI conviction on a commercial driver’s life and career can be profound. Beyond the immediate legal and financial consequences, a conviction can result in lasting damage to a driver’s reputation and personal relationships. The stigma associated with a DWI can affect job prospects, credit ratings, and even personal relationships. Understanding the potential long-term consequences can underscore the importance of avoiding DWI offenses and seeking help if needed.
Contact Us Today
If you are a commercial driver facing a DWI charge in Texas, it is essential to take immediate action to protect your rights and your career. The legal team at The Wilder Firm understands the complexities of DWI laws and is dedicated to providing the strongest possible defense for commercial drivers. With extensive experience and a commitment to achieving the best outcomes for our clients, we can help you navigate the legal process and work towards a favorable resolution. Contact The Wilder Firm today to schedule a consultation and learn how we can assist you in defending against DWI charges and protecting your future.