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    <title type="text">Don R. Fletcher, Attorney at Law</title>
    <subtitle type="text">Don R. Fletcher, Attorney at Law</subtitle>

    <updated>2026-06-16T23:39:42Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Don R. Fletcher, Attorney at Law</name>
				            </author>
            <title type="html"><![CDATA[Can you defend against a DWI charge if you were driving a company truck?]]></title>
            <link rel="alternate" type="text/html" href="https://www.donfletcherlaw.com/blog/2026/06/can-you-defend-against-a-dwi-charge-if-you-were-driving-a-company-truck/" />
            <id>https://www.donfletcherlaw.com/?p=46636</id>
            <updated>2026-06-10T16:55:23Z</updated>
            <published>2026-06-10T16:55:23Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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…]]></summary>
			                <content type="html" xml:base="https://www.donfletcherlaw.com/blog/2026/06/can-you-defend-against-a-dwi-charge-if-you-were-driving-a-company-truck/"><![CDATA[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 <a href="https://www.donfletcherlaw.com/dwi/" data-wpel-link="internal">mount a defense</a>. The same constitutional protections available to all drivers still apply to their case.
<h2>Know your rights on the road</h2>
While stricter BAC limits apply to commercial drivers, Texas law enforcement must still follow specific procedures during any DWI investigation.
<ul>
 	<li aria-level="1"><strong>Officers need a real reason to pull a driver over:</strong> They cannot stop a vehicle randomly. They must see the driver break a traffic law, show signs of being intoxicated, or suspect criminal activity.</li>
 	<li aria-level="1"><strong>Field sobriety tests must be done correctly:</strong> Officers must give clear instructions and demonstrate the tests properly before asking the driver to perform them.</li>
 	<li aria-level="1"><strong>Testing machines must work properly:</strong> Breath and blood testing devices need regular maintenance and calibration to give accurate results.</li>
 	<li aria-level="1"><strong>Officers need solid evidence before arresting a driver:</strong> They must have a good reason to believe that the driver is intoxicated and must inform them of their rights before questioning.</li>
</ul>
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.
<h2>Take note of important deadlines and restrictions</h2>
Time works against a driver after a DWI arrest. They only have 15 days from their arrest date to request an<a href="https://www.soah.texas.gov/about-drivers-license-hearings" target="_blank" rel="noopener noreferrer" data-wpel-link="external"> Administrative License Revocation (ALR) hearing </a>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.
<h2>Your livelihood is worth fighting for</h2>
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.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Don R. Fletcher, Attorney at Law</name>
				            </author>
            <title type="html"><![CDATA[Can a failed employment drug test be against you in Texas criminal courts?]]></title>
            <link rel="alternate" type="text/html" href="https://www.donfletcherlaw.com/blog/2026/03/can-failed-employment-drug-test-be-against-you-texas-criminal-courts/" />
            <id>https://www.donfletcherlaw.com/?p=46634</id>
            <updated>2026-03-27T21:28:09Z</updated>
            <published>2026-03-27T08:43:50Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you work on an oil rig or in other high-risk industries, regular drug tests are part of the job. These tests are meant to keep everyone safe, but they can also raise concerns. Many workers wonder whether failing a company safety test could create legal trouble.  In Texas, the answer is not always straightforward. How courts view these tests…]]></summary>
			                <content type="html" xml:base="https://www.donfletcherlaw.com/blog/2026/03/can-failed-employment-drug-test-be-against-you-texas-criminal-courts/"><![CDATA[<span style="font-weight: 400;">If you work on an oil rig or in other high-risk industries, regular drug tests are part of the job. These tests are meant to keep everyone safe, but they can also raise concerns. Many workers wonder whether failing a company safety test could create legal trouble. </span>

<span style="font-weight: 400;">In Texas, the answer is not always straightforward. How courts view these tests depends on how they were conducted and the type of criminal case involved. Knowing what might happen can help you avoid surprises.</span>
<h2><span style="font-weight: 400;">When tests start to matter</span></h2>
<span style="font-weight: 400;">A failed company drug test does not automatically mean prosecutors can use it against you. Courts look for evidence that meets state rules, so a single onsite screening may carry little weight on its own. Instead, </span><a href="https://efte.twc.texas.gov/drug_testing_in_the_workplace.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">confirmatory lab tests, proper chain of custody and accurate documentation</span></a><span style="font-weight: 400;"> usually determine whether a test counts in court. Understanding these standards is important because it shows why not every failed test automatically becomes criminal evidence.</span>
<h2><span style="font-weight: 400;">Risky situations on the job</span></h2>
<span style="font-weight: 400;">Even with strict rules, some scenarios can make a workplace test more significant. For instance, prosecutors may use </span><a href="https://www.donfletcherlaw.com/criminal-defense-for-oil-field-workers/" data-wpel-link="internal"><span style="font-weight: 400;">a failed drug test</span></a><span style="font-weight: 400;"> in cases involving:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Driving under the influence while on the job site</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Possessing or distributing illegal substances near safety-sensitive equipment</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Causing an accident while impaired</span></li>
</ul>
<span style="font-weight: 400;">When these situations arise, documenting safety incidents, keeping copies of company policies and consulting a lawyer early can clarify your rights. Legal assistance can provide guidance in challenging tests that were improperly administered or inaccurate. These steps show how workplace safety and legal protection can intersect.</span>

<span style="font-weight: 400;">Courts rarely rely on a test in isolation. They weigh it alongside other evidence, like witness statements or incident reports. Knowing how your employer handles testing, what paperwork exists and whether confirmatory testing occurred can influence how the court or prosecutors use the results.</span>
<h2><span style="font-weight: 400;">Staying sharp under pressure</span></h2>
<span style="font-weight: 400;">Life on the rig does not leave much room for mistakes. Even small missteps can ripple through your safety record and legal standing. Keeping a clear head, paying attention to company rules and knowing how tests may be viewed in court can make the difference between a close call and a bigger problem. In high-risk jobs, being alert on and off the clock protects more than just your paycheck — it protects your future.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Don R. Fletcher, Attorney at Law</name>
				            </author>
            <title type="html"><![CDATA[Challenges that Texas blue-collar workers face when they get criminal charges]]></title>
            <link rel="alternate" type="text/html" href="https://www.donfletcherlaw.com/blog/2025/12/challenges-that-texas-blue-collar-workers-face-when-they-get-criminal-charges/" />
            <id>https://www.donfletcherlaw.com/?p=46629</id>
            <updated>2025-12-24T19:38:30Z</updated>
            <published>2025-12-24T19:38:30Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Blue-collar workers (electricians, truck drivers and other occupations) can have their livelihood more threatened by a criminal charge than white-collar professionals. Apart from the reputational damage, blue-collar workers often face immediate, structural barriers that can end a career before a trial even begins. Employment hurdles and background checks Texas is an “at-will” employment state, which means that employers have a…]]></summary>
			                <content type="html" xml:base="https://www.donfletcherlaw.com/blog/2025/12/challenges-that-texas-blue-collar-workers-face-when-they-get-criminal-charges/"><![CDATA[Blue-collar workers (electricians, truck drivers and other occupations) can have their livelihood more threatened by a criminal charge than white-collar professionals. Apart from the reputational damage, blue-collar workers often face immediate, structural barriers that can end a career before a trial even begins.
<h2>Employment hurdles and background checks</h2>
Texas is an “at-will” employment state, which means that employers have a lot of freedom in taking decisions. Most blue-collar sectors, particularly those involving entry into private homes or secure worksites, require <a href="https://efte.twc.texas.gov/references_background_checks.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">strict background checks</a> that can cover the past 20 years for felonies and the past 10 years for misdemeanors. In this context, a pending charge or a conviction for a crime like theft or assault can be troublesome for an employer, even if the charges are eventually dismissed. This means that evidence of an arrest record can mean termination or the withdrawal of a job offer.
<h2>Licensing and certification risks</h2>
There are many trade professions that require state-issued licenses, and under Texas Occupations Code, a licensing authority <a href="https://statutes.capitol.texas.gov/docviewer?DocKey=OC%2Ffile.htm&amp;Phrases=53.021&amp;HighlightType=1&amp;ExactPhrase=False&amp;DocID=%2FSource_TCAS%2FCollection_vwTCAS_idl2%2F%7COC.53&amp;QueryText=53.021" target="_blank" rel="noopener noreferrer" data-wpel-link="external">can suspend your credentials</a> if the charge you faced directly relates to your job. For instance, if you are a commercial driver and you were charged of DWI, your license can be disqualified.
<h2>Financial strain</h2>
Due to this legal consequences, you can lose your source of income temporarily or even permanently. This can quickly deplete your savings accounts and derail any future plans. Do not let this happen and <a href="/misdemeanors/" target="_blank" rel="noopener" data-wpel-link="internal">contact an attorney</a>, so they can create a defense strategy that aims to dismiss and even expunge these charges, if possible.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Don R. Fletcher, Attorney at Law</name>
				            </author>
            <title type="html"><![CDATA[Could criminal charges cause me to lose my oil field job in Texas?]]></title>
            <link rel="alternate" type="text/html" href="https://www.donfletcherlaw.com/blog/2025/01/could-criminal-charges-cause-me-to-lose-my-oil-field-job-in-texas/" />
            <id>https://www.donfletcherlaw.com/?p=46613</id>
            <updated>2025-01-19T16:29:43Z</updated>
            <published>2025-01-19T16:29:43Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Oil field work is a popular career for many people in Texas. The range of job possibilities means that everyone from people who didn’t graduate high school to those with advanced degrees can likely find a job that enables them to earn a good living.  The conditions of working in the oil fields or on oil rigs are harsh. Long…]]></summary>
			                <content type="html" xml:base="https://www.donfletcherlaw.com/blog/2025/01/could-criminal-charges-cause-me-to-lose-my-oil-field-job-in-texas/"><![CDATA[<span style="font-weight: 400">Oil field work is a popular career for many people in Texas. The range of job possibilities means that everyone from people who didn’t graduate high school to those with advanced degrees can likely find a job that enables them to earn a good living. </span>

<span style="font-weight: 400">The conditions of </span><a href="https://oilandgasoverview.com/working-in-the-oilfield-requirements-entry-level-jobs-and-work-conditions/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">working in the oil fields or on oil rigs</span></a><span style="font-weight: 400"> are harsh. Long hours and challenging work are common, but many workers don’t mind because of the nice paychecks. </span>

<span style="font-weight: 400">Many people who work in the oil fields and on oil rigs don’t want to lose their jobs. Because of this, they’re often concerned if they learn that they’re facing criminal charges. </span>
<h2><span style="font-weight: 400">Texas is an at-will state</span></h2>
<span style="font-weight: 400">Texas is an </span><a href="https://efte.twc.texas.gov/pay_and_policies_general.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">at-will employment</span></a><span style="font-weight: 400"> state, which means that employers can terminate employees for any legally valid reason. The company’s policies will play an important role in determining if a person can keep their job if they’re facing a criminal charge. Some employers may not take any employment action unless the criminal charge results in a conviction. Positions with security considerations may have stricter rules about criminal charges. </span>
<h2><span style="font-weight: 400">Missed work</span></h2>
<span style="font-weight: 400">For some oil industry workers, the impact of criminal charges on their jobs doesn’t have anything to do with whether a person is convicted or not. In some cases, the issue that these workers face is the time that it takes to fight the charges. They may have to take time off to consult with legal representatives and attend court hearings. </span>

<span style="font-weight: 400">If the worker is convicted, they may face serious penalties, such as incarceration. The employer may not be able to hold the person’s job until they’re released from jail or prison. Other penalties, such as probation or random drug testing, can be difficult to comply with because of the long hours and intense work. Having to leave work to meet those requirements could put the company in a bind. </span>

<span style="font-weight: 400">Any oil field or oil rig worker who’s facing criminal charges should ensure they understand their options for a </span><a href="https://www.donfletcherlaw.com/drug-crimes/" data-wpel-link="internal"><span style="font-weight: 400">defense strategy</span></a><span style="font-weight: 400">. Working with someone familiar with these cases may help them to mitigate the effects that the legal matter has on them. </span>]]></content>
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