DWI with Commercial Drivers License

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COMMERCIAL DRIVERS LICENSE DWI

DWI with Commercial Drivers License

Being convicted of a DWI with a Commercial Drivers License (CDL) may result in a one year suspension, or three years if you were transporting hazardous materials at the time. A DWI is a serious charge, and a conviction may result in a number of serious penalties or consequences, which may be extended or modified if a CDL or commercial vehicle was involved.

You may be convicted of DWI with a CDL for any of the following circumstances:

  • Operating a commercial or noncommercial motor vehicle while intoxicated in a public place

  • Leaving the scene of an accident involving a motor vehicle driven by you

  • Using a motor vehicle during the commission of a felony

  • Causing the death of another person through negligent or criminal operation of a motor vehicle OR operating a commercial motor vehicle with a suspended Commercial Drivers License

In the event you have been charged with a DWI with a CDL, it may be a good idea to consult professional legal counsel so that you can better understand the charges, consequences of a conviction, and the process surrounding any trial that occurs due to the charge.

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Additional Potential Penalties for DWI With a CDL

Depending on the circumstances of your charges, there may be additional penalties based on additional factors at the time your charges were placed. In the event these circumstances are met, your Commercial Drivers License may be suspended for one year. The circumstances are as follows:

  • Refusal to submit to a breath or blood test to determine your alcohol concentration

  • The results of your breath or blood test show an alcohol concentration of .04 or more
    OR
  • A controlled substance or drug was present in your body while operating a commercial motor vehicle in a public place

  • The results of your breath or blood test show an alcohol concentration of .08 or more
    OR
  • A controlled substance or drug was present in your body while operating a motor vehicle in a public place

Severe Penalties Or Additional Charges

Again, depending on the circumstances of your DWI charge with a CDL, there could be more severe penalties and suspensions. A Commercial Drivers License DWI may include other, separate DWI charges if others were involved or impacted by any accident or result of driving while intoxicated.

In terms of more severe penalties related strictly to a Commercial Drivers License DWI, your CDL may be suspended for life under the following circumstances:

  • You have been convicted two or more times of one of the offenses listed in Section 1 OR a combination of those offenses, arising from two or more separate incidents

  • You use a motor vehicle in the commission of a felony involving manufacturing or distribution of controlled substances OR were convicted of any combination of two or more of the offenses listed in Section 1 and Section 2 arising from two or more separate incidents.

Multiple incidents that result in multiple charges or convictions for DWI (or DWI with a CDL) can result in stacking, or intensified penalties, suspensions, or fines. If you have been charged with a Commercial Drivers License DWI, or if you are on a second or subsequent charge, consulting with a professional DWI lawyer may help you better understand your case, charges, and potential penalties. 

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What is DWI probation?

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WHAT IS DWI PROBATION?

DWI probation is a contract between you and the court when you are convicted of crime

And the judge suspends your jail sentence, does not make you pay the entire fine, and does not take away your driver’s license as long as you behave under “community supervision.”

More specifically, you will:

>Not have to do the 180 days in jail.

>Only pay $500 of the fine.

>Not have your driver’s license taken from you.

If you agree to DWI probation, you must:

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Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is intoxication assault and its potential punishment?

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What is intoxication assault ?

Texas state law considers Intoxication Assault an instance where a person causes serious bodily injury to another person by accident or mistake during the act of boating, flying, or driving while intoxicated in a public place, where the injury is a result of a defendant’s intoxication.

Serious bodily injury is generally defined as an injury that creates a substantial risk of death, or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. Speaking with legal counsel can help you unpack the different charges and potential punishments associated.

Intoxication Assault Penalties

Intoxication Assault is classified as a felony DWI Third Degree. As such, it carries potential penalties including:

  • Up to $10,000 in fines
  • 2 to 10 years in the Texas Department of Criminal Justice
  • Driver’s license suspension ranging from 180 days to 2 years

If you are convicted, there will also be an annual $1,000-$2,000 surcharge fee required every year for 3 years in order to retain your driver’s license. Additionally, felony convictions disqualify you from voting and possessing a firearm.

Because Intoxication Assault is a type of DWI related charge, it is possible that you may face related charges and separate penalties based on the exact charges you are facing. It’s good to be informed of both your rights and the full charges being placed against you. For example, an Intoxication Assault charge may carry heavier penalties or punishments if this is also a DWI 2nd or DWI 3rd, or if your BAC levels were above certain levels.

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Probation and the Deadly Weapon Classification

Probation can be a complex subject when it comes to Intoxication Assault charges. Even if you are granted probation, you will still be required to serve a 30 day jail sentence.

In the event your vehicle was driven in a way that made it a “deadly weapon,” then there is an additional penalty that prohibits good time credit in prison from being considered towards early release until half the sentence has been satisfied. This condition can also restrict your ability to receive probation.

Felony charges such as Intoxication Assault have the potential to be life altering legal experiences. Working with a professional DWI attorney can help you better understand your rights, the full range of potential results in your case, and how to proceed when facing these charges.

Intoxication Assault and the Ignition Interlock Requirement

For those convicted of intoxication assault, as a condition of bond, courts will require that a defendant’s vehicle be fitted with an ignition interlock device, and they will not be allowed to operate a motor vehicle without one.

Interlock devices determine the presence of alcohol in your breath, and should it detect a certain level of alcohol, the vehicle will be temporarily disabled. In some circumstances, courts may dictate that you are not to operate a motor vehicle at all while your case is pending.

Additionally, you may be ordered to abstain from the use of alcohol or any controlled substances without a prescription leading up to and during the handling of your case. This may be enforced by the court through random drug testing.

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TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What is a DWI 3rd Offense?

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WHAT IS A DWI THIRD OFFENSE?

According to the State of Texas, a DWI Third Offense is when an individual is arrested or charged for DWI with two prior convictions of DWI on their record. A serious offense, DWI Third can be considered a third-degree felony, which may result in severe punishment.

Punishment may include:

  • A fine of up to $10,000
  • Between 2 and 10 years in the Texas Department of Criminal Justice
  • A suspension of your driver’s license for 180 days to 2 years
  • Mandated annual $1,500 to $2,000 surcharge fee for 3 years in order to retain your driver’s license
  • Disqualification from voting or possessing a firearm

If you are currently facing charges for DWI Third, you should consider seeing legal counsel from a professional DWI defense attorney with experience handling DWI, DWI Second, and DWI Third cases. The severity of DWI Third charges can vary based on circumstance and court proceedings, but in all cases it is a serious matter that may benefit from the aid of legal counsel.

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Why you should aggressively fight a first or second DWI offense

DWI Third Offense cases are complicated and weighted, similar to their DWI Second counterpart. Juries will be informed from the beginning that the driver has a prior DWI conviction, or in the case of DWI Third, multiple convictions.

Again, it suggests to juries that a driver may have ongoing habits or propensity for Driving While Intoxicated to an extreme degree. This biased provision of information may infringe upon a defendant’s right to the presumption of innocence, weighting the trial against them before it fully begins.

Due to the increasing difficulty of defending against DWI Second and DWI Third charges, it is often best to aggressively fight initial or subsequent charges in an attempt to avoid consecutive charges with escalating severity.

DWI Third Offense Limits on Probation

Even if you are granted probation for a DWI Third Offense conviction, you will be required to serve a 10 day jail sentence. If you were driving the vehicle in a manner that made it a “deadly weapon”, you will receive an additional penalty prohibiting good time credit in prison until half of your sentence has been satisfied.

Deadly weapon findings may also limit circumstances under which you may receive probation from a jury.

Vehicle Interlock Device

As a condition of bond for your DWI Third Offense, the court will require you to install a vehicle ignition interlock device on your car, and you will be prohibited from operating a motor vehicle without one.

The interlock device detects the presence of alcohol in your breath, limiting the car’s mobility if detection is positive. 

The court will also order the accused to abstain from alcohol use and the use of controlled substances without a prescription. 

 The court may enforce this by ordering random drug testing.

Further Consequences

The court will also order you to stop using alcohol and controlled substances without a prescription, which will be enforced through random drug testing. You may also be asked to completely abstain from operating a motor vehicle while your case is pending.

Prior Convictions and DWI

The prosecution can use offenses, including prior DWI convictions, from anywhere from 10 to 30 years ago to enhance your current DWI conviction. Such a history increases the grade of the DWI offense you are presently being prosecuted for, which also increases the range of punishments available to the state and the consequences of the current charge.

However, if you were convicted of a DWI prior to January 1, 1984, it cannot be used for enhancement purposes where the sentence resulted in probation that was never revoked.

Additional Considerations and Defense

The judgement must have a proper voluntary waiver of jury trail in order to be used to enhance a DWI to a felony DWI. For a potential felony case or for any DWI and DWI escalation charge or conviction, working with a DWI attorney can help you better understand your rights, position, and any potential defense while you are being prosecuted for a DWI Second or DWI Third.

As mentioned earlier, the bias and increasing difficulty of a DWI Third charge is not to be taken lightly, and as such, legal counsel should be considered early in the process to more fully prepare you for legal proceedings surrounding your case.

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What is a Felony DWI?

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WHAT IS A FELONY DWI?

Felony DWI in Texas is a serious charge that can have a major impact on your life beyond the associated penalties and punishments for the actual charge. Felony convictions can disqualify you from voting, obtaining certain jobs, renting apartments, and owning a firearm. 

There are four intoxication related offenses that can be classified as a Felony DWI:

State jail felonies can result in a fine of up to $10,000 and confinement in a state jail for any term not more than 2 years or less than 180 days. Your driver’s license may also be suspended from 90 days to 2 years.

If you are convicted, you will be assessed an annual $1,000 to $2,000 surcharge fee each year for 3 years in order to retain your driver’s license. If you are facing a DWI felony charge, seeking legal counsel may help you understand your charges, potential consequences, and other complicated legal components of navigating your case.

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Felony DWI in Texas and Required Restrictions

A conviction for Felony DWI in Texas often comes with a number of restrictions and requirements placed upon you by the court. Some of these restrictions are relevant even if you have only been charged, and not yet convicted, of a Felony DWI.

The court may require several things of you, including:

  • Installing a vehicle ignition interlock device on your car

A vehicle ignition interlock system detects the presence of alcohol in your breath. When it detects a certain amount of alcohol, it will disable your vehicle for a set duration. This is often a condition of bond, and you will not be allowed to operate a motor vehicle without it.

  • Abstaining from the use of alcohol or controlled substances without a prescription

Many courts may require that you completely avoid the use of alcohol or controlled substances, except when a prescription dictates necessary use of an otherwise controlled substance. This may be enforced through random or regular drug testing depending on the circumstances of your case.

  • Abstaining from operating a motor vehicle until the results of your case are no longer pending

In some cases, the court will order that you are not allowed to operate a motor vehicle while your case is pending. The circumstances and severity of your charges may vary, but Felony DWI charges are often accompanied by a higher number of stipulations and requirements.

What to Do When Facing a Felony DWI

If you are charged with any of these offenses, you should consider working with a particularly experienced and knowledgeable legal advocate. Houston DWI attorneys at Trichter & LeGrand have handled hundreds of Felony DWI cases, so we are well equipped to help you navigate the legal process ahead.

DWI and Felony DWI cases can be a complicated and intricate legal battle, relying on evidence and science that may not always be completely accurate or appropriate for an individual’s case, potentially leading to convictions of the wrongly accused. We understand those processes, and are prepared to help you fight for better results in your case.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.