Yes, a driver can still defend against a driving while intoxicated (DWI) charge even when driving a company truck. However, they may face stricter standards and penalties that can compromise their livelihood.
A commercial driver’s license (CDL) carries more requirements and responsibility than a regular driver’s license. It also carries tighter limits, especially when it comes to the blood alcohol concentration a person can have while driving. If they were driving a commercial vehicle that requires a CDL – such as a company truck – the legal limit drops to 0.04% BAC, which is half of the usual threshold of 0.08%.
These lower thresholds don’t eliminate a truck driver’s right to mount a defense. The same constitutional protections available to all drivers still apply to their case.
Know your rights on the road
While stricter BAC limits apply to commercial drivers, Texas law enforcement must still follow specific procedures during any DWI investigation.
- Officers need a real reason to pull a driver over: They cannot stop a vehicle randomly. They must see the driver break a traffic law, show signs of being intoxicated, or suspect criminal activity.
- Field sobriety tests must be done correctly: Officers must give clear instructions and demonstrate the tests properly before asking the driver to perform them.
- Testing machines must work properly: Breath and blood testing devices need regular maintenance and calibration to give accurate results.
- Officers need solid evidence before arresting a driver: They must have a good reason to believe that the driver is intoxicated and must inform them of their rights before questioning.
If officers fail to uphold these standards during a driver’s arrest, examining these issues becomes even more important for protecting one’s constitutional rights and preserving their driving career.
Take note of important deadlines and restrictions
Time works against a driver after a DWI arrest. They only have 15 days from their arrest date to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. Missing this deadline can lead to an automatic license suspension.
Moreover, Texas law completely prohibits issuing an Occupational Driver’s License (ODL) for driving a commercial vehicle. This means it is impossible to drive a commercial truck during any suspension period. While a driver may still be able to apply for an ODL to use their personal vehicle, it’s best to first consult with professional legal counsel.
Your livelihood is worth fighting for
You have built your career on the road, and one arrest does not have to end it. You have rights and legal options that are worth exploring. The right legal guidance can help you understand your situation and how you can protect your license, livelihood and freedom.