DWI for CDL Holders in Texas | Houston Commercial Driver DWI Attorney

For a commercial driver, a DWI isn't just a criminal case — it's a threat to your career. CDL holders face a stricter 0.04 limit, a one-year disqualification for a first offense (three years with hazmat), and a lifetime disqualification for a second — and it all applies even if the DWI happened in your personal vehicle on your own time. Worse, a CDL cannot be restored with an occupational or hardship license during a disqualification. That makes fighting the case the only real option.

If you hold a CDL and are facing a DWI in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Commercial drivers are held to a 0.04 blood alcohol concentration while operating a commercial vehicle, and federal regulations adopted by Texas require CDL disqualification for DWI offenses. A first offense triggers a one-year disqualification (three years for hazmat loads); a second qualifying offense triggers a lifetime disqualification. These consequences attach to the CDL regardless of whether you were in a commercial or personal vehicle, and no occupational license can restore commercial driving during the disqualification.

What's at Stake

Situation	CDL Consequence
First DWI or refusal	1-year CDL disqualification
First offense while hauling hazmat	3-year CDL disqualification
Second qualifying offense	Lifetime CDL disqualification
During disqualification	No occupational/hardship CDL available

How These Cases Are Defended

Fight the DWI itself. Because there is no restricted-CDL safety net, avoiding the conviction is paramount. We attack the stop, the field sobriety testing, and the breath or blood evidence.
The 15-day ALR deadline. We request the license hearing immediately to protect your driving privileges and lock in the officer's testimony.
Challenging the 0.04 reading. Testing errors, timing, and calibration issues matter even more at the lower commercial threshold.
Negotiating with the career in view. Where a conviction can't be avoided, we pursue the resolution that best protects your ability to work.

Collateral Consequences

For a professional driver, a DWI conviction can end a livelihood built over years, on top of the standard criminal penalties, insurance costs, and record. Because the CDL consequences are so severe and cannot be mitigated with a hardship license, an aggressive, early defense is essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you hold a CDL and are facing a DWI in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is the BAC limit for a CDL holder in Texas?

While operating a commercial vehicle, a CDL holder is considered impaired at a 0.04 blood alcohol concentration — half the 0.08 limit for regular drivers. In a personal vehicle, the 0.08 DWI standard applies, but a conviction still carries CDL consequences.

Will a DWI disqualify my CDL?

Yes. A first DWI (or refusal) generally results in a one-year disqualification of your commercial driving privileges — three years if you were hauling hazardous materials. A second qualifying offense results in a lifetime CDL disqualification. Critically, this applies even if the DWI happened in your personal vehicle, on your own time.

Does a DWI in my personal car affect my CDL?

Yes. Federal and Texas rules disqualify a CDL for DWI convictions regardless of whether you were driving a commercial vehicle or your personal car at the time. A CDL holder cannot get an occupational or 'hardship' license to keep driving commercially during a disqualification, which makes fighting the case essential.

Can I fight a DWI to save my CDL?

Absolutely — and for a CDL holder there is often no acceptable alternative, because the disqualification cannot be softened with a restricted license. We fight the DWI on the merits (the stop, field sobriety testing, and breath or blood evidence) and request the ALR hearing on a strict deadline to protect your license.

How fast do I need to act to protect my commercial license?

Immediately. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing after a failed or refused test. Because your livelihood depends on your CDL, getting an attorney involved right away is critical.