Obtaining a Commercial Driver’s License (CDL) in Texas is essential for those seeking to pursue a career in commercial driving. However, to get a CDL in Texas, you must meet specific CDL driver requirements and be aware of potential disqualifications.
So, what disqualifies you from getting a CDL in Texas? According to the Texas Department of Public Safety (DPS), the following convictions, offenses, and actions can disqualify an individual from obtaining a CDL in Texas:
- Driving While Intoxicated (DWI) offenses
- Using a commercial vehicle in the commission of a felony
- Multiple traffic violations
- Operating a commercial vehicle with a suspended license
- Refusing to take an alcohol test when required
In this article, Javier Guzman a criminal lawyer in Laredo from Guzman Law Firm, will discuss these disqualifications in more detail, including the disqualification periods for each conviction, and provide potential solutions to get a CDL back after suspension.
If you’ve been accused of a serious crime that may disqualify you from getting a CDL in Texas, call Javier Guzman today at (956) 625-0978 and ask him to fight for you.
What are the CDL disqualifications in Texas?
1. DWI offenses
In Texas, a DWI offense can result in an automatic suspension of your commercial driver’s license. However, the disqualification period will depend on whether it was your first offense and if you were operating a commercial vehicle at the time of the offense.
- For a first-time DWI offense while operating a non-commercial vehicle, your CDL will be disqualified for one year.
- For a first-time DWI offense while operating a commercial vehicle, your CDL will be disqualified for one year — but if you were convicted of a DWI with CDL in Texas while transporting hazardous materials, the disqualification period is three years.
- For a second DWI offense within 10 years while operating any type of vehicle, your CDL will be disqualified for life.
If you are facing a DWI charge or have been convicted of a DWI offense, it is crucial to seek legal representation from an experienced DWI lawyer, such as Javier Guzman. He can help you navigate the legal system and potentially minimize the impact on your CDL and, therefore, your life.
2. Felony convictions involving a commercial vehicle
Felony convictions involving the use of a motor vehicle, such as smuggling of persons charge, can severely impact one’s ability to hold a CDL. In Texas, the penalties for such convictions are stringent, reflecting the serious nature of these crimes.
- If you are convicted of a felony while operating a commercial vehicle, your CDL will be disqualified for life. This applies regardless of the nature of the felony, emphasizing the importance of maintaining a clean legal record when operating a commercial vehicle.
- If the felony involves the manufacture, distribution, or dispensing of a controlled substance, your CDL will also be disqualified for life. This harsh penalty underscores the zero-tolerance policy for drug-related offenses within the commercial driving industry.
Having a felony conviction not only affects your CDL but also impacts your employability and future career prospects outside of commercial trucking — not to mention if you’re convicted of a commercial vehicle felony, you’ll likely spend at least a decade in prison.
Learn more: Can a felon get a CDL in Texas?
3. Multiple traffic violations
Can you get a CDL with points on your license? Texas no longer uses the point system to track traffic offenses; however, traffic violations and CDL traffic tickets, such as speeding, reckless driving, and improper lane changes, if accumulated, can culminate in a suspended or revoked CDL. Here’s how:
- Two or more serious traffic violations within a three-year period while operating a commercial vehicle can result in a minimum 60-day disqualification of your CDL.
- Three or more serious traffic violations within the same period can lengthen the disqualification to 120 days, at a minimum, further emphasizing the need for cautious and law-abiding driving practices.
Traffic violations considered “serious” include:
- Speeding 15 mph or more over the limit
- Erratic lane changes
- Following too closely
- Traffic offenses committed in connection with fatal accidents
- Driving a commercial vehicle without the proper endorsements and texting or using a handheld mobile device while driving
4. Operating a commercial vehicle with a suspended license
In Texas, driving with a suspended CDL not only poses significant legal risks but also jeopardizes public safety. If caught, you could face hefty fines, an extended suspension period, and even potential imprisonment, depending on the circumstances of your offense.
Employers may terminate your employment upon discovery of a suspended license, severely impacting your livelihood and professional reputation. To avoid such severe outcomes, it is crucial to address any suspension issues promptly, comply with all reinstatement requirements, and seek legal advice if necessary. Always ensure your CDL is valid and in good standing before operating a commercial vehicle.
5. Refusing to take an alcohol test when required
Refusing to take an alcohol test when required can also lead to harsh penalties. Under federal and state regulations, commercial drivers must comply with requests for alcohol testing, particularly in situations involving accidents or reasonable suspicion of alcohol use. A refusal to undergo such testing is treated with the same severity as an actual positive test for alcohol.
Immediate consequences of refusal include a mandatory suspension of your CDL for at least one year. Furthermore, the refusal will be documented on your driving record, potentially complicating future employment opportunities. Employers may view this as a sign of non-compliance and a safety risk, leading to possible job termination.
How to get your CDL back after suspension in Texas
Regaining your Commercial Driver’s License (CDL) after a suspension in Texas involves several critical steps and adherence to specific regulations.
- Determine the reason for suspension: Know why your CDL was suspended and fulfill all court or state mandates, such as programs, fines, or suspension periods.
- Satisfy CDL driver requirements: Next, you’ll need to meet the Texas Department of Public Safety (DPS) requirements. This generally includes filing for reinstatement and paying all applicable reinstatement fees.
- Gather necessary documentation: It’s important to collect all necessary documentation, such as proof of completed courses, payment receipts, and any legal documents that demonstrate compliance with suspension conditions.
- Retake driving tests: After meeting these requirements, you may need to retake both written and practical driving tests to demonstrate your ability to safely operate a commercial vehicle. Proper preparation for these exams is essential, as passing them is required for reinstatement.
- Maintain an excellent driving record: Maintaining a clean driving record after reinstatement and following traffic laws rigorously will help keep your CDL valid and prevent future suspensions.
Remember, avoiding any convictions in the first place is the best way to protect your CDL and maintain a clean driving record. If you’ve already been charged, you’ll need a skilled attorney to represent you and defend your rights. In other words, you’ll need Javier Guzman by your side to protect your livelihood.
Facing legal charges as a CDL driver in Texas? Call Guzman Law Firm for relentless representation.
Convictions related to driving under the influence, leaving the scene of an accident, using a vehicle in a felony, or repeated traffic violations are key factors in understanding what disqualifies you from getting a CDL in Texas.
If you are facing any of these charges, don’t wait to call Javier Guzman from Guzman Law Firm before a conviction stains your record and your license is suspended. As an experienced criminal defense attorney, he provides aggressive representation and works tirelessly to defend your CDL and driving privileges.
Call us at (956) 516-7198 or contact us online to schedule a consultation, and let us start defending your driving career today!
More Helpful Articles by Guzman Law Firm:
- What is Human Smuggling in Texas?
- How to Get Federal Drug Conspiracy Cases Dismissed
- Truck Drivers Smuggling Drugs in Texas
- What Truck Drivers Need To Know About Illegal Search and Seizure
- How to Get an Alien Smuggling Waiver
