Can a Truck Driver Lose Their CDL for a DWI in Texas? Commercial DWI Cases Explained

Yes. A truck driver can lose a Commercial Driver License in Texas for a DWI. A first conviction or certain administrative alcohol violations can trigger a one year CDL disqualification, longer if hazardous materials were involved, and a second major offense can lead to lifetime disqualification. The outcome depends on both the criminal case and separate license actions, so acting quickly is critical if you drive for a living in Houston or anywhere in Texas.

If you are a Job-at-Risk Commercial Driver who was just arrested, this page gives you a plain English path. We explain how CDL disqualification works, what deadlines hit fast, and practical steps to reduce career damage. For a deeper primer to start with, see what CDL holders need to know after a DWI arrest, then come back here for the full checklist.

Quick answer for CDL holders: Can a truck driver lose their CDL for a DWI?

• Criminal case risk: A DWI conviction in Texas can disqualify your CDL for one year, or three years if you were transporting hazardous materials. A second conviction for a major disqualifying offense can trigger lifetime disqualification.
• Administrative risk: Even before court, a breath or blood test failure or refusal can suspend your non commercial driving privileges and can also trigger CDL disqualification. These are separate from the criminal case.
• Lower BAC standard in a commercial motor vehicle: If you are driving a CMV, a 0.04 alcohol concentration can count as an alcohol violation for CDL purposes. Any detectable alcohol while operating a CMV can also lead to an out of service order.
• No occupational CDL: Texas courts cannot grant an occupational license to operate a commercial motor vehicle. If the CDL is disqualified, you cannot legally drive a CMV during that period.

These rules come from federal CDL standards adopted by Texas and the state’s commercial license statute. For the legal foundation, review the Texas statute on CDL disqualification and alcohol rules. For criminal case consequences, here is an overview of Texas DWI penalties and commercial consequences.

How CDL disqualification and Texas DWI penalties interact

Commercial drivers face two overlapping tracks after a Houston area DWI arrest. The criminal court case can lead to fines, classes, probation, and possibly jail on conviction. Separately, the license track can suspend your regular driving privileges and disqualify your CDL based on a test failure or refusal, or on a later court conviction. These tracks move on different calendars and they do not wait for each other.

Think of it as two scoreboards. One is the Harris County criminal docket. The other is the Department of Public Safety’s administrative process, which includes an Administrative License Revocation hearing. Both matter for your job. The ALR track moves first and has the shortest deadline.

Key differences that affect you:

• Lower alcohol threshold in a CMV: While the general DWI limit is 0.08, the CDL standard is effectively stricter in a commercial motor vehicle. A 0.04 breath or blood alcohol concentration or any refusal during a lawful request can lead to CDL consequences.
• Out of service orders: If any detectable alcohol is present while you are operating a CMV, law enforcement can issue a temporary out of service order, typically 24 hours. That is separate from disqualification lengths that may follow later.
• No occupational CDL: If your CDL is disqualified, Texas law does not allow an occupational CDL to keep driving a CMV during the disqualification. An occupational license may be possible only for non commercial driving.
• Convictions vs. diversions: Many non trial outcomes that avoid a traditional conviction in the criminal court can still count as a conviction for CDL purposes under federal definitions. Always confirm how any proposed plea or program is treated for CDL rules before you agree to it.

For a complete walk through of criminal case ranges and typical conditions in Texas DWI cases along with commercial driver specific notes, see this overview of Texas DWI penalties and commercial consequences. You can also consult the Texas statute on CDL disqualification and alcohol rules to understand the categories of disqualification.

Commercial vs personal license: what changes for you

When you drive your own pickup on the weekend, Texas treats you like any other motorist. When you are behind the wheel of a tractor trailer, the rules tighten. Here is a simple comparison that Houston area drivers find helpful.

Topic	Personal License	CDL / CMV
BAC level that triggers a per se offense	0.08	0.04 while operating a CMV for CDL purposes
Administrative license action after arrest	Possible ALR suspension for failure or refusal	Possible ALR consequences plus CDL disqualification
Occupational license option	Often possible for non commercial driving	Not allowed to operate a CMV during disqualification
Employer notification	Varies by employer	Federal regulations require notice of certain convictions, and many carriers require immediate reporting after an arrest or citation

If you provide for your family with your CDL, the takeaway is simple. The standards are stricter and the recovery time after a mistake can be long. You want to protect the CDL and the case record from day one.

Urgent checklist: deadlines and first steps for Texas commercial drivers

Time matters most in the first two weeks. Missing a deadline can lock in a suspension or disqualification even if your criminal case later improves. Here is a practical checklist geared to Houston and the surrounding counties.

• Mark the ALR hearing deadline immediately: In many Texas DWI cases you have 15 days from receiving the suspension notice to request an ALR hearing. Use these resources to understand the process and next steps, including how to request and prepare for an ALR hearing, and the official DPS ALR hearing portal and deadlines to request a hearing. For a CDL focused walkthrough, see this urgent ALR hearing and 15‑day deadline checklist for CDL holders.
• Confirm employer reporting rules: Many carriers and fleet policies require immediate disclosure of an arrest, test, or out of service order. Federal rules also require reporting of certain convictions within specified timeframes. If your handbook requires immediate notice, make the report fact based and brief. Ask HR to confirm whether you are placed on administrative leave or reassigned to non driving duty while your case is pending.
• Document the stop timeline while it is fresh: Write down where you were stopped, the time gap between last drink and the test, medications, fatigue, illness, and everything the officer said or did. Small details can become key in challenging probable cause, field tests, or breath machine maintenance.
• Protect video and data: Note any dashcam, bodycam, or third party cameras where footage might exist. In Houston, many gas stations and businesses along major corridors keep short retention windows. Preserve names and addresses so counsel can send a request before video is overwritten.
• Check medical certificate and DOT testing issues: If you were operating a CMV and underwent a DOT alcohol test with a result of 0.04 or more or refused, contact your employer’s designated representative to confirm whether a Substance Abuse Professional process applies. This is separate from the criminal case, so clarify requirements early.
• Plan for the 40 day clock: If you received a notice of suspension and do not request a hearing, the DPS suspension typically begins on the 40th day after notice. Track the mail and your address to avoid surprises.

You are carrying a family’s income on your shoulders. Treat these steps as your job for the next few weeks. A missed ALR request or a late employer disclosure can hurt you more than any single court date.

Houston micro story: one driver, two clocks, and a saved job

A Houston based regional hauler finished a late delivery on I 10 and was stopped near the beltway. He blew over the limit at the station. He requested the ALR hearing the next morning and preserved dashcam footage from the truck and the convenience store where he had parked. The video showed the officer’s driving pattern estimate was off by several minutes and that the driver drank water for a long stretch before the test. The lawyer used the ALR hearing to cross examine the officer and spot errors that later helped in court. The administrative suspension was stayed while the challenge was pending. The case was negotiated to a reduced outcome that did not qualify as a major CDL disqualifying conviction. The driver kept his CDL, served a short non driving assignment, and returned to work. Results vary, but the steps he took on day one made the difference.

CDL penalties that matter most if you drive for a living

• First major offense: A year long CDL disqualification is common for a first DWI conviction or a test of 0.04 or higher in a CMV. If hazardous materials were involved, three years is common.
• Second major offense: A second major disqualifying offense can trigger a lifetime CDL disqualification. Some drivers may seek reinstatement after a long waiting period under limited conditions, but you should not count on it.
• Refusal or failure in a CMV: Refusing or failing a lawful alcohol test while operating a CMV can independently cause CDL disqualification, plus an out of service order.
• Non commercial DWI still counts: A DWI in your personal vehicle can still disqualify your CDL after conviction.
• No commercial driving during disqualification: There is no legal workaround to operate a CMV during the disqualification period.

These bullets are the high risk items for your career. You can live with fines. You cannot work without the CDL.

Defenses and case strategies to protect a CDL

Every case is different, but commercial drivers should evaluate defenses with two goals. First, protect the criminal case from a conviction that triggers a disqualification. Second, protect the administrative record before DPS and at the ALR hearing. Here are common defensive angles that matter for CDL holders in Houston courts.

• Stop and detention issues: If the stop or continued detention lacked reasonable suspicion, the breath or blood evidence can be suppressed. Houston area dashcams and business cameras often help here.
• Field sobriety test reliability: The tests are not medical exams. Lighting, footwear, fatigue, and officer instructions all affect performance. A careful review of the video can create reasonable doubt.
• Breath test maintenance and operator issues: Machines have maintenance schedules and operators must follow training. Gaps or deviations can undermine results.
• Blood draw chain of custody: If a blood test is used, labels, storage, and lab handling must meet standards. Chain of custody breaks can cast doubt on reliability.
• Rising BAC and timing: If drinks were consumed close to the stop time, alcohol may have been rising. That does not excuse impairment, but it can make numerical readings less clear when tied to the actual driving time.
• Charge negotiation with CDL in mind: Some outcomes that look attractive to non CDL drivers can still count as a conviction for CDL purposes. You should analyze any proposed plea through the CDL lens before you agree to it.

Your aim is not just to win, it is to protect your livelihood. Build a clean record, preserve evidence early, and keep the CDL rules in view when you evaluate every option.

Common misconception to avoid

Misconception: If I was in my personal vehicle, my CDL will be safe. Reality: A DWI conviction in any vehicle can disqualify your CDL. The CDL is a privilege with stricter standards that follow you beyond the truck. Treat any DWI arrest as a direct threat to your commercial career.

Uber & Lyft drivers: What happens after a DWI arrest?

Rideshare drivers are not usually CDL holders, but you live by background checks and platform safety rules. After a DWI arrest in Houston, most platforms place a temporary deactivation while the case is pending. A conviction often triggers a longer deactivation window under the company’s policy. Insurance arrangements can also change after an arrest or conviction. If you intend to return to driving, protect your court record, keep paperwork organized, and document any dismissal or reduction the moment it occurs so you can update the platform’s records quickly.

Secondary reader spotlights

Career-Conscious Professional: You want a step by step plan and clear metrics. Track your deadlines, discovery requests, and status using a simple spreadsheet. Log when each video request went out, when the ALR request was filed, and when employer notifications were made.

High-Stakes Executive: You need discretion and careful handling of licensure consequences. Ask about sealed communications with HR, limited distribution of discovery materials, and strategies to avoid collateral licensing triggers while the case is pending.

Already-Decided VIP: You are focused on immediate next steps and privacy. Confirm that ALR is requested, employer policy is satisfied, and that a single point of contact will handle updates while you continue your responsibilities.

Uninformed Young Driver: A DWI at 22 can keep you out of commercial driving for years. If you think you might want a CDL someday, treat this arrest as the moment to learn the rules and protect your future options now.

Practical examples that clarify the rules

• Example 1: A Houston CDL holder is arrested in a personal car and later convicted. Result, a one year CDL disqualification is likely even though the arrest was off duty.
• Example 2: A driver operating a CMV registers 0.05 on a lawful test. Even if the criminal case is dismissed, the CDL can face disqualification based on the alcohol violation in a CMV.
• Example 3: A driver refuses a breath test while operating a CMV. The refusal can cause an out of service order and a CDL disqualification apart from any court result.

These examples show why the CDL lens must be applied to every decision after an arrest. Your family’s income depends on it.

What evidence helps commercial drivers most in Houston courts

Every Houston DWI case lives or dies on the evidence. For CDL holders, the stakes make good evidence even more valuable. Here is what often matters most.

• Bodycam and dashcam video: Clear footage showing normal speech, steady balance, or unclear field instructions can neutralize claims of impairment.
• Dispatch and timesheets: Documents that place you on duty or off duty help tie the timeline to the alleged impairment. If you were off duty long before the stop, it may support a rising BAC or alternate explanation.
• Maintenance and calibration records: These can show the breath device was not within required specs.
• Medical records: Conditions like GERD, diabetes, or neurological issues can create symptoms that look like impairment or can affect breath readings.
• Third party video: Houston’s major corridors and truck stops have cameras that overwrite quickly. Early preservation letters can capture key angles of the stop or your demeanor.

How negotiating strategy changes when your CDL is on the line

You are not negotiating just to avoid jail. You are negotiating to avoid a disqualifying conviction. That means proposals must be evaluated by how they are treated under federal CDL rules, not just the Texas Penal Code. If an offer avoids a criminal conviction but still counts as a conviction for CDL purposes, it may not solve your problem. If an offer avoids the DWI label or results in a non disqualifying disposition, it may protect your CDL. Ask direct questions about how any proposed resolution appears on your driving and criminal records and whether DPS will treat it as a disqualifying event.

Frequently asked questions about Can a truck driver lose their CDL for a DWI?

Does a first DWI in Texas automatically cost me my CDL?

Not automatically, but a conviction for a first DWI is commonly a one year CDL disqualification, or three years if hazardous materials were involved. Administrative actions like a test failure or refusal can also cause CDL consequences even before court ends. Requesting the ALR hearing on time is critical.

What is the BAC limit for CDL drivers in Houston?

For criminal DWI law, the per se limit is 0.08. For CDL purposes while operating a commercial motor vehicle, 0.04 or more can trigger CDL consequences, and any detectable alcohol can result in a 24 hour out of service order. The lower threshold is why commercial drivers face extra risk.

Can I get an occupational CDL if I am disqualified?

No. Texas courts cannot authorize an occupational license to operate a commercial motor vehicle during a CDL disqualification. An occupational license may be possible for non commercial driving only, depending on your situation.

How long does a Texas DWI stay on my record?

A DWI arrest appears on your record unless and until you qualify for an expunction. A conviction generally stays on your record. Some dismissals or deferred outcomes may be eligible for record sealing under Texas law, but sealing is not the same as expunction and CDL rules may still treat certain outcomes as convictions.

Will my employer in Houston find out about my DWI arrest?

Many carriers require immediate disclosure of an arrest or citation that affects driving status. Federal rules also require drivers to report certain convictions to employers within specific deadlines. Check your handbook and make a timely, factual report that matches company policy.

Why acting early matters for Houston commercial DWI cases

Your first job is to stop the automatic gears from grinding forward without your input. The ALR deadline comes fast, evidence disappears, and HR needs clarity. Early action gives you more ways to protect the CDL, minimize time off the road, and avoid a disqualifying mark that follows you across carriers and states. If you are unsure where to begin, review the resources in this article and consider speaking with a qualified Texas DWI lawyer who routinely handles commercial driver cases.

Short video explainer for CDL drivers

This short explainer from Butler Law walks through CDL DWI rules, penalties, and first steps, including ALR deadlines, employer notice, and medical certificate issues. It is a fast way to understand how a DWI can affect your CDL and what to do next.

More to learn: Explore an interactive Q&A resource with practical DWI tips for general education on Texas DWI issues.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
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