Awards & Media Appearances
The Strict DWI Laws for CDL Holders 
Commercial drivers are held to much stricter standards than regular drivers when it comes to impaired driving. While the legal limit for non-commercial drivers in Texas is a BAC of 0.08, CDL holders face much stricter rules. For commercial drivers, any BAC over 0.04 can result in serious legal penalties. These laws are in place because of the heightened responsibility of driving a large vehicle, especially in a busy and often hazardous environment like the Port of Galveston. Commercial vehicles can cause serious accidents due to their size and weight, so drivers with a CDL are expected to maintain clear mental faculties at all times. The Zendeh Del & Associates, PLLC Team
The Consequences of a 0.04 BAC for CDL Holders
Even though the 0.04 BAC threshold may seem low, it is still enough to put your CDL in jeopardy. It is important to understand the potential consequences of being arrested for DWI with a BAC of 0.04 or higher when you hold a commercial driver’s license.- Immediate Suspension of Your CDL: One of the first consequences of a DWI arrest for a CDL holder is the immediate suspension of your CDL. A first-time offense could result in a one-year suspension, and if you are involved in transporting hazardous materials, the suspension period can increase to three years.
- Criminal Charges: A DWI arrest with a BAC of 0.04 or higher could also result in criminal charges. Even though a 0.04 BAC is much lower than the 0.08 BAC required for regular drivers, commercial drivers are expected to be even more cautious. Criminal charges for DWI could result in a fine, mandatory alcohol education programs, and potential jail time.
- Job Loss and Career Impact: Losing your CDL is not just a temporary inconvenience; it can lead to permanent damage to your career. Many trucking companies have strict policies about hiring drivers with DWI convictions, and a suspension could prevent you from driving for months or even years. This can make it difficult to find another job, especially if you rely on your CDL for your livelihood.
DWI Enforcement at the Port of Galveston
The Port of Galveston is a busy hub for commercial drivers, especially those transporting goods in and out of the area. Given the constant flow of trucks and large vehicles in the port area, law enforcement officials are diligent about enforcing DWI laws. As a CDL holder, it’s important to be aware that even if your BAC is lower than the legal limit for regular drivers, you can still be arrested and charged with a DWI if you are behind the wheel of a commercial vehicle. Law enforcement officers frequently conduct random DWI checkpoints at the port, stopping drivers to test their BAC levels. If you are caught driving with a BAC over 0.04, the consequences can be severe, including suspension of your CDL and criminal charges. The presence of law enforcement at the Port of Galveston means that commercial drivers are constantly at risk of being tested for alcohol consumption. Even if you think you are within safe limits, you could be stopped and tested at any moment. Understanding the strict rules and being vigilant about your alcohol consumption is key to avoiding an arrest.Client
Reviews
See what our past clients have to say about us.
These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.
— Jennifer S.
Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.
— Kristin F.
What to Do if You’re Arrested for DWI at the Port of Galveston
If you are arrested for a DWI in Galveston, especially while driving with a CDL, it is essential to understand your rights and take the appropriate steps to protect your future. Here are the actions you should take if you find yourself in this situation:- Do Not Resist or Argue with Officers: If you are stopped at a checkpoint or pulled over by law enforcement, it’s essential to remain calm and respectful. Resisting arrest or arguing with officers will only make your situation worse. Keep in mind that anything you say can be used against you in court, so it’s better to remain silent until you consult with an attorney.
- Refuse Field Sobriety Tests: While you may be asked to perform field sobriety tests during a traffic stop, remember that you are not legally required to submit to them. While refusing these tests may not prevent a DWI charge, it can protect you from giving officers additional evidence to build their case against you.
- Request a Breathalyzer Test: In Texas, if you are arrested for DWI, you are legally required to submit to a breathalyzer test. Refusing this test can result in automatic penalties, including the suspension of your driver’s license. However, it’s important to consult with an attorney about your options, as the legality of some sobriety tests can be challenged.
- Consult an Experienced DWI Attorney: An experienced criminal defense attorney, particularly one familiar with DWI cases involving commercial drivers, is crucial to building a defense strategy. They can help you navigate the legal system, challenge the evidence against you, and fight for the protection of your CDL. At Zendeh Del & Associates, we specialize in DWI defense and understand how to protect the interests of CDL holders.
Case Results
Protecting Your CDL and Future Career
While facing a DWI charge can be daunting, there are ways to protect your CDL and your career. Below are some proactive steps you can take to prevent a DWI from affecting your job prospects:- Understand the Legal Limits for CDL Drivers: If you’re a CDL holder, it’s critical to know the legal limits and restrictions that apply to you. Make sure you never get behind the wheel after consuming alcohol. Remember, even a small amount of alcohol can jeopardize your license.
- Stay Informed About DWI Laws: DWI laws are constantly evolving, especially for commercial drivers. It’s essential to stay updated on any changes to DWI enforcement and how they might affect your rights as a CDL holder.
- Consult with a DWI Attorney Before Your Hearing: If you’ve been arrested for a DWI in Galveston, contact a DWI attorney as soon as possible. They can guide you through the process, explain your options, and help you prepare for your hearing.
- Consider Attending an Alcohol Education Program: While it may not eliminate the consequences of a DWI, attending an alcohol education program shows that you are taking responsibility for your actions. Some judges may consider this in your sentencing, which could help minimize the impact on your CDL.
- Act Quickly to Appeal Your License Suspension: If your CDL is suspended, it’s crucial to act fast. Texas law allows drivers to appeal the suspension of their CDL. An attorney can help you file an appeal and potentially get your license reinstated.