For Professional Drivers, a DWI Can Cost Everything

It may begin with a traffic stop. Perhaps you run a light or fail to yield. Or maybe you encounter a sobriety checkpoint that you cannot avoid. Whatever the circumstances, if law enforcement pulls you over and suspects that you may be operating a motor vehicle while intoxicated by alcohol or drugs, you could face serious criminal charges – and it may not end there. A charge of driving while intoxicated (DWI) in Central Texas carries the possibility of expensive fines and serious penalties, including jail time, if you are convicted. You may also have your driver’s license suspended or revoked. If you are a professional driver, a DWI conviction could threaten your livelihood.

Even if the alleged violation took place while you were driving your own vehicle on your own time, a DWI conviction could result in the suspension of your commercial driver’s license (CDL). And, even if you do not lose your personal or commercial driver’s license, private companies such as trucking companies or rideshare businesses may terminate or refuse to hire drivers who have a DWI conviction on their record.

If you have been charged with DWI in Central Texas and you drive for a living, it is crucial that you speak with an experienced DWI lawyer in Killeen or Copperas Cove like those at Mary Beth Harrell Law Firm as soon as possible. Do not risk your ability to support yourself and your family.

What can a DWI mean for a professional driver?

Whether you have a commercial driver’s license or a standard driver’s license, if you drive for a living a DWI conviction could put your ability to legally operate a motor vehicle – and therefore your driving career – temporarily on hold. Multiple convictions could permanently end your professional driving career.

If you are convicted of DWI in Central Texas, the penalties under state law are strict, even for a first offense. Repeat offenders face increasingly severe penalties. According to the Texas Department of Corrections, in all instances, the penalties for a DWI conviction include monetary fines, jail or prison time, and the loss of one’s driver’s license:

• First offense
  • Up to a $2,000 fine
  • Up to 180 days in jail upon conviction with three mandatory days
  • Loss of driver’s license for up to one year
• Second offense
  • Up to a $4,000 fine
  • One month to a year in jail upon conviction
  • Loss of driver’s license for up to two years
• Third offense
  • A $10,000 fine
  • Two to 10 years in prison
  • Loss of driver’s license for up to two years

The state may also assess a fine of $3,000, $4,500, or $6,000 upon sentencing.

Driving for Uber or Lyft with a DWI conviction

While the legal repercussions of a DWI conviction are serious enough, the potential impact on your driving career is not good either. Rideshare companies such as Uber and Lyft run background checks when hiring new drivers. These background checks include your driving record as well as any criminal record you may have. Neither company will hire a driver who has a DWI conviction or conviction for driving under the influence (DUI) on their record for a certain period of time. For Uber, this is seven years, while for Lyft it is five years.

If you are currently working as a driver for a rideshare company, a license suspension means you cannot legally drive. If you think you can somehow get around either company finding out about a short license suspension by taking time off, think again. Uber’s driver screening policy states that the company “proactively reruns driving and criminal history checks every year to ensure that drivers continue to meet our standards.” Likewise, Lyft also checks every driver’s driving record annually for violations. Per company policy, “Lyft enrolls active drivers into continuous record check monitoring, which notifies us of new violations.”

What if you are charged with DWI while on the job?

If you are a professional driver and you are stopped on suspicion of DWI while operating a commercial vehicle – or your personal vehicle while you are using it for business – the consequences are even more serious. If this occurs while you are driving for a rideshare company, for instance, the company will immediately review the details of your situation and may move quickly to terminate your access to their platform. This is particularly true if you are convicted or if you were involved in a motor vehicle accident while you were under the influence of alcohol or drugs. In many cases, however, the police charging you with DWI is enough grounds for the company to part ways.

The same goes if you drive a delivery van or any other vehicle for work. If you cannot legally drive, you cannot do your job.

If you have a CDL and you are stopped on suspicion of DWI, the stakes are even higher.

Texas law considers a driver with a blood alcohol concentration (BAC) of .08% or above to be legally intoxicated. However, the Federal Motor Carrier Safety Administration (FMCSA), the entity that regulates the commercial motor vehicle industry that includes truck drivers and bus drivers, among others, “has established .04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL, and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the federal regulations.”

If you have a CDL and your BAC is 0.04% or higher, the penalties are severe. Even as a first-time DWI offender, you could be convicted of a Class B misdemeanor. A conviction includes a minimum term of confinement of three days, a possible jail sentence of up to 180 days, and a fine of up to $2,000. The penalties for DWI conviction with a CDL continue to increase with each conviction, and become a felony with the third or any additional convictions.

What happens to your CDL if you get a DWI in Central Texas?

Whether your commercial driver’s license is interstate (allows you to operate both in and out of Texas) or intrastate (permits you to drive only in the state of Texas), you must certify that you are not addicted to drugs or alcohol. A DWI conviction can complicate this – even if you were off the clock and driving your own vehicle.

It is worth noting that in January 2020, the FMCSA launched the Federal Drug and Alcohol Clearinghouse. This electronic database tracks commercial driver’s license holders who test positive for prohibited drug or alcohol use, refuse to take required drug tests, and other drug and alcohol violations. State licensing agencies will be required to upload violations to the database in an effort to make tracking these violations easier among CDL holders who attempt to get a CDL in a different state after a DWI or other violation.

If you have been arrested for DWI in Killeen or Copperas Cove – especially if you are a professional driver – you need an experienced DWI attorney fighting for you. The Killeen and Copperas Cove DWI defense lawyers at the Mary Beth Harrell Law Firm have a deep understanding of Texas DWI laws and know how to get results. Our attorneys defend clients against DWI charges throughout Central Texas, including in Temple and Belmont, as well as Coryell County and Bell County. We know how much you have on the line, and we’ll fight aggressively to clear your name. Give us a call or complete our contact form today to schedule a consultation.