Commercial Drivers
CDL Holders and DWI in Texas
For a commercial driver a DWI is a livelihood case before it is a criminal one. A first conviction disqualifies the license for a year, and it does not matter which vehicle you were driving.
A second is a lifetime disqualification, and the options that soften an ordinary DWI are not available.
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What triggers a disqualification
CDL disqualification under Transportation Code chapter 522
| Trigger | Result |
|---|---|
| A first conviction of DWI, child passenger DWI or intoxication assault, in any vehicle | 1 year disqualification |
| Refusal or failure while holding a CDL | 1 year |
| 0.04 or higher in a commercial motor vehicle | 1 year |
| 0.08 or higher in a personal vehicle | 1 year |
| Any of the above while hazmat placarded | 3 years |
| A second occurrence | Lifetime disqualification |
Two of those rows deserve emphasis. The threshold in a commercial vehicle is 0.04, half the ordinary limit. And a conviction arising from driving your own car on a weekend disqualifies the commercial license just the same, because the statute reaches convictions in any vehicle.
Any detectable alcohol in a commercial motor vehicle also carries an immediate 24 hour out of service order under section 522.101, separately from anything that happens afterward.
State and federal CDL consequences
The criminal judgment, the DPS disqualification notice, and the commercial driving record document different parts of the same event. Texas applies Transportation Code section 522.081 within the national structure in 49 C.F.R. section 383.51. The source judgment identifies the criminal disposition, while the DPS and commercial records should identify the disqualification basis and effective dates that were reported.
The separate administrative license file may have its own notice, case number, hearing order, and effective dates. A result in that file does not rewrite the criminal judgment, and a criminal disposition does not by itself show what DPS entered on the commercial record. Comparing the final documents from each file prevents one status from being assumed from another.
What is not available to a CDL holder
Deferred adjudication is unavailable. Article 42A.102(b)(1)(B)(i) excludes CDL and commercial learner permit holders, which removes the main route by which a first offense stays off a record.
An occupational license never covers a commercial vehicle. A CDL holder can obtain one for a personal vehicle under section 521.2424, so ordinary driving can be restored, but the commercial privilege stays disqualified.
Implied consent is also broader for commercial drivers. Section 522.102 allows testing on probable cause without an arrest, which is a lower threshold than applies to an ordinary driver.
What this means practically
The criminal exposure on a first DWI may be modest. The career exposure is not, and the two are decided in different forums on different timetables.
The 15 day license deadline is where the administrative side starts, and for a commercial driver it is the more urgent of the two.
Related pages
First offense DWI
What a Class B actually carries, and whether it can be kept off your record.
Occupational license
Driving after a suspension, and the filing venue rule that catches people out.
Out of state drivers
How a Texas case works if you live elsewhere, and how priors count.
CDL DWI questions
I was in my own car, not the truck. Does my CDL still get hit?
Yes. Section 522.081(b) reaches a conviction in any vehicle, so a DWI in a personal car disqualifies the commercial license.
What is the limit in a commercial vehicle?
0.04, half the ordinary threshold. Any detectable alcohol also brings an immediate 24 hour out of service order.
Can I get deferred adjudication?
No. Article 42A.102(b)(1)(B)(i) excludes CDL and CLP holders.
Can I get an occupational license for the truck?
No. An occupational license never covers a commercial vehicle, though you can obtain one for a personal vehicle under section 521.2424.
Is a second offense really a lifetime disqualification?
Yes, under section 522.081(d)(1). That is why a first case matters so much more for a commercial driver than the criminal exposure alone suggests.