A Commercial Driver’s License (CDL) is essential for anyone looking to pursue a career in professional driving in Texas, where the thousands of miles of integral highway support plenty of jobs in the transportation industry. Holding a CDL opens the door to numerous opportunities, but obtaining and retaining this license comes with strict regulations.
One of the most critical factors that can prevent someone from getting or keeping a CDL is a felony conviction. Understanding how a felony conviction can impact your eligibility for a CDL in Texas is crucial, especially if you’re currently facing charges that could affect your career in the trucking industry, and you still may be able to do something about it.
In this article, Javier Guzman answers the question, “what felonies disqualify you from getting a CDL in Texas?”, as well as common questions about getting a CDL with a felony on your record. Keep reading to find out how a Texas CDL attorney can assist you if your felony charges are preventing you from getting or keeping your CDL, or call Guzman Law Firm today at 956-516-7198 to take action.
What disqualifies you from a CDL in Texas?
In Texas, several factors can disqualify you from obtaining a CDL, ranging from criminal convictions to specific driving offenses. Felony convictions, in particular, play a significant role in disqualifying potential CDL holders. Here are some of the key disqualifying factors:
- Felony convictions involving a commercial vehicle: If you are convicted of a felony involving the use of a commercial vehicle, such as using the vehicle to commit a crime or transport illegal substances (i.e., conspiracy to distribute drugs), you may be permanently disqualified from holding a CDL. This includes serious offenses like drug trafficking, human smuggling, and using a commercial vehicle in the commission of a violent crime.
- Serious traffic violations: Accumulating multiple serious traffic violations, such as excessive speeding, reckless driving, or following too closely, can result in temporary or permanent disqualification from holding a CDL. These violations are particularly serious when they occur while operating a commercial vehicle.
- Out-of-service orders: Violating an out-of-service order, which prohibits a driver from operating a commercial vehicle, can also lead to disqualification. The severity of the penalty increases if the violation involves the transportation of hazardous materials or occurs while driving a passenger vehicle.
- Other felony offenses: Felony convictions unrelated to commercial driving, such as assault, theft, or other crimes of moral turpitude, may also impact your ability to obtain a CDL, especially if these offenses suggest a pattern of behavior that could endanger public safety.
Can I get a CDL in Texas if I have a felony?
The question of whether you can get a CDL in Texas if you have a felony on your record is complex and depends on several factors, including the nature of the felony, how much time has passed since the conviction, and whether the offense involved a commercial vehicle.
Certain felonies, such as those involving violence, drug trafficking charges in Texas, or the use of a commercial vehicle in the commission of a crime, typically result in permanent disqualification. However, other felonies may not automatically disqualify you, depending on the specific circumstances of the case.
The amount of time that has passed since the felony conviction can also play a role in determining eligibility. In some cases, if a significant amount of time has passed and you have demonstrated good behavior, you may be eligible to apply for a CDL despite having a felony on your record.
If you have been pardoned for your felony or have completed a rehabilitation program, you may have a better chance of obtaining a CDL. However, this is not guaranteed, and each case is evaluated on an individual basis.
As mentioned above, if the felony involved the use of a commercial vehicle, the chances of being disqualified are significantly higher. The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations that prohibit individuals with certain felony convictions involving commercial vehicles from obtaining or retaining a CDL.
Given these factors, it’s clear that having a felony on your record can complicate the process of obtaining a CDL in Texas. However, it’s not always an absolute barrier, especially if the felony was not directly related to commercial driving.
Can a felon get a hazmat endorsement?
Obtaining a hazardous materials (hazmat) endorsement allows CDL holders to transport materials that pose a risk to public safety. However, the process of obtaining this endorsement is highly regulated, particularly for individuals with a felony conviction.
- Background check: To obtain a hazmat endorsement, you must undergo a thorough background check conducted by the Transportation Security Administration (TSA). This background check is designed to ensure that individuals who handle hazardous materials do not pose a security risk.
- Disqualifying offenses: Certain felonies automatically disqualify an individual from obtaining a hazmat endorsement. These include convictions for espionage, terrorism, treason, and certain crimes involving explosives or weapons of mass destruction. Additionally, any felony conviction related to transportation security or the illegal transportation of hazardous materials will result in disqualification.
- Time since conviction: In some cases, the TSA may consider the amount of time that has passed since the felony conviction. If the conviction occurred more than seven years ago and the individual has not been incarcerated within the last five years, they may still be eligible to apply for a hazmat endorsement.
- Appeals process: If your application for a hazmat endorsement is denied due to a felony conviction, you may have the option to appeal the decision. The appeals process involves providing additional information or evidence to demonstrate that you do not pose a security risk.
Can I get a CDL with a DWI on my record in Texas?
You may still be wondering, “Can I get my CDL with a DWI?” DWI convictions, particularly those that occur while operating a commercial vehicle, can lead to a disqualification from obtaining or renewing a CDL. Multiple DWI convictions can result in a lifetime disqualification. The impact of a DWI on your ability to obtain or retain a CDL depends on several factors:
- Type of vehicle: If the DWI occurred while operating a commercial vehicle, the penalties are much more severe. A first-time DWI conviction while driving a commercial vehicle can result in a one-year disqualification from holding a CDL. A second conviction can lead to a lifetime disqualification.
- Multiple convictions: If you have multiple DWI convictions, even if they occurred in a personal vehicle, you may face disqualification from obtaining a CDL. Texas law is particularly strict when it comes to repeat DWI offenders, and multiple convictions can result in permanent disqualification.
- Reinstatement: In some cases, it may be possible to have your CDL reinstated after a DWI conviction, particularly if it was a first-time offense and a significant amount of time has passed. However, this often requires completing a rehabilitation program and meeting other specific conditions.
- Restricted licenses: In certain situations, you may be eligible for a restricted CDL, which allows you to drive under specific conditions. However, this is usually only available to those who have had their licenses suspended for reasons other than DWI.
Continue reading: Is a DWI a felony in Texas?
How a Texas CDL attorney can help
Obtaining or retaining a CDL with a felony conviction can be overwhelming — and extremely difficult. This is where a Texas CDL attorney can be invaluable. An attorney can review your case and provide personalized legal advice based on your unique circumstances. This includes evaluating the nature of your felony conviction and advising you on the likelihood of obtaining a CDL or a specific endorsement.
If you are facing disqualification due to a felony conviction, an attorney can represent you in legal proceedings or administrative hearings, and possibly help you avoid conviction entirely by beating your case. Under any circumstances, having skilled representation is crucial in helping ensure that your case is presented effectively and that your rights are protected.
Additionally, If your application for a CDL or a specific endorsement is denied, an attorney can assist you with the appeals process. This involves gathering evidence, preparing legal arguments, and advocating on your behalf.
An attorney can also help you explore options for rehabilitation or seeking a pardon for your felony conviction. Successfully obtaining a pardon or completing a rehabilitation program can improve your chances of obtaining a CDL after a felony.
Felony charges preventing you from getting a CDL? Call Guzman Law Firm to make it right.
Understanding what felonies disqualify you from getting a CDL is only half the battle. If you are facing felony charges that are preventing you from obtaining or retaining your CDL, it’s essential to take action. Guzman Law Firm specializes in helping individuals navigate the legal challenges associated with felony convictions and CDL eligibility. Our experienced legal team understands the complexities of Texas law and are committed to protecting your rights and helping you achieve the best possible outcome.
Don’t let a felony jeopardize your driving career. Contact Guzman Law Firm online today, or call at 956-516-7198 for a free consultation.
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