UBCNews - Business - Can You Get A CDL License With A DWI Record? How The Law Works In Texas

Episode Date: February 25, 2026

So, you've got a DWI on your record and you're wondering, can I still get a Commercial Driver's License in Texas? That's what we're tackling today. And honestly, it's a question that affects ...a lot of folks out there who depend on driving for their livelihood. Texas Criminal Defense Group City: Lubbock Address: 1001 Texas Ave. Website: https://texascriminaldefensegroup.com/

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Starting point is 00:00:05 So you've got a DWI on your record, and you're wondering, can I still get a commercial driver's license in Texas? That's what we're tackling today. And honestly, it's a question that affects a lot of folks out there who depend on driving for their livelihood. Absolutely, and it's not a simple yes or no answer. The stakes are really high because commercial driving is held to a much stricter standard than regular driving.
Starting point is 00:00:29 A CDL or commercial driver's license is what you need to operate big rigs, buses or vehicles carrying hazardous materials. These drivers are responsible for public safety in a major way. Right, and with that responsibility comes tougher rules. So let's talk about those standards. What exactly makes CDL holders different from the rest of us on the road? Great question. CDL holders are subject to a blood alcohol concentration limit
Starting point is 00:00:57 of just 0.0 4% when they're operating a commercial vehicle. Compare that to the 0.0.0% percent the 0.08% limit for non-commercial drivers, and you can see how much stricter it is. That's half the tolerance level. Wow, half. That really shows how seriously Texas and federal regulators take this. Now, here's something that surprises a lot of people. What happens if you get a DWI in your personal vehicle? Does that still affect your CDL? It absolutely does. A DWI conviction, whether you're in your personal car or behind the wheel of an 18-wheeler, can disqualify you from obtaining or keeping your CDL or even your commercial learners permit.
Starting point is 00:01:41 The Federal Motor Carrier Safety Administration, or FMCSA, sets these rules nationwide, and they're pretty unforgiving. So there's really no escaping it. I had a buddy years back who thought his weekend mistakes wouldn't touch his Monday morning job. Turned out he was very wrong. What kind of disqualification are we talking about for a firefighting? first offense. For a first-time DWI conviction, you're typically looking at a minimum one-year CDL disqualification, and if you were transporting hazardous materials at the time, that jumps to three
Starting point is 00:02:11 years. That's a huge chunk of time where you can't work in your profession. Three years, that could destroy a career. And what about a second DWI? I'm guessing it gets worse. Much worse. A second DWI conviction generally leads to a lifetime CDL disqualification. Now there is a potential path to reinstatement after 10 years if you successfully complete an approved program, but that's not guaranteed. The Texas Department of Public Safety reviews each case individually. Mm-hmm. Makes sense. So let's dig into something important here. Can CDL holders use deferred adjudication to avoid these consequences? Unfortunately, no. That's a critical point. Even if you receive deferred adjudication, it still counts as a conviction for CDL disqualification purposes under Texas law.
Starting point is 00:03:03 There's no workaround on this one. I've actually seen drivers who thought they had dodged the bullet with deferred adjudication, only to find out later their CDL was still on the line. That must be a harsh reality check. So that point about how convictions are treated sets up our next piece, the whole reinstatement process. But first, a quick word from our sponsor. Facing criminal charges in Texas can turn your world upside down with jail time, fines, and damage to your career and reputation on the line.
Starting point is 00:03:34 From parking fines to driving crimes, Texas Criminal Defense Group provides aggressive defense counsel across the state, with attorneys ready to protect your rights and fight for your future. Their team practices statewide with offices in Dallas, Fort Worth, Houston, Lubbock, Midland, Odessa, and San Antonio. Learn more at Texas Criminal Defense Group.com. Picking up on how convictions are treated, what does someone actually have to do to get their CDL back after a DWI disqualification? The reinstatement process is detailed and demanding.
Starting point is 00:04:08 You have to serve the full disqualification period, no shortcuts. Then you need to fulfill all court-ordered obligations, complete a DPS-approved alcohol or drug education program, pay reinstatement fees, and potentially retake your CDL. There's a full checklist to work through. And even after all that, there's no guarantee, right? Exactly.
Starting point is 00:04:30 The DPS considers compliance and evidence of rehabilitation. They want to see that you've genuinely turned things around. But here's another layer. There's something called administrative license revocation, or ALR, that kicks in immediately after a DWI arrest. Right, that's the administrative side. How does that work? work. If your BAC is 0.04% or higher in a commercial vehicle, or 0.08% or higher in a personal
Starting point is 00:05:00 vehicle, or if you refuse a test, your CDL can be suspended right away. You have just 15 days from the arrest to request an ALR hearing to contest that suspension. Miss that window and you're out of luck. 15 days. That's not much time when you're dealing with the stress of an arrest. So to everyone listening, if you find yourself in that situation, act fast. Now, let's say someone does get their CDL reinstated. How do they actually get back to work? That's where it gets really tough. Many trucking companies have zero-tolerance policies for DWI convictions.
Starting point is 00:05:39 They see it as a liability issue. Even with a valid CDL, finding an employer willing to hire you can be incredibly challenging. Insurance is another hurdle. Rates can skyrocket and some companies, won't cover drivers with a DWI history at all. So getting the license back is only part of the battle. You still have to rebuild your entire career. And I guess you could say the legal consequences are one thing,
Starting point is 00:06:03 but the practical consequences can be just as brutal. Have you ever wondered what the long-term financial impact looks like for someone in this situation? It's significant. Beyond lost wages during the disqualification period, there are fines, up to $2,000 for a first offense, which which is a Class B misdemeanor, plus jail time of three to 180 days. And then there are civil fees, $3,000 for a first DWI conviction within a 36-month period,
Starting point is 00:06:33 4,500 for a subsequent conviction in that time frame, and 6,000 if your BAC was .16 or higher. That adds up fast. So we're talking thousands in direct costs, not to mention the, uh, opportunity cost of not being able to work. Is there any way to get an occupational CDL during the disqualification period like you can with a regular license? No, and that's a critical distinction. There's no provision for an occupational CDL in Texas during a disqualification period. You can't get a temporary work permit or anything like that. Commercial drivers can't work in any capacity while their CDL is
Starting point is 00:07:12 suspended or revoked. You're completely sidelined. That's brutal. So what's the bottom line here? Can you get a CDL with a DWI record in Texas? Technically, yes, but the path is long and difficult. You can pursue reinstatement after serving your disqualification and meeting all the requirements. But the practical reality is that even if you succeed in getting reinstated, employment and insurance challenges may prevent you from actually working. The best advice?
Starting point is 00:07:42 Avoid a DWI conviction in the first place, because once it's on your record, it follows you. I mean, the legal consequences are severe, but the practical consequences, losing your livelihood, your reputation, can be just as damaging. And if you're already facing charges, getting aggressive legal representation early, can make all the difference in how things turn out. Thanks for breaking all this down today. It's complicated stuff, but really important for anyone in the commercial driving world to understand. My pleasure. These are high stakes, and people deserve to know exactly. what they're up against.

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