Commercial Drivers and DWI in Texas: What CDL Holders Need to Know

CDL holders in Texas face strict DWI laws that can disqualify a commercial license for one year on a first DWI conviction, and even a 0.04 BAC while driving a commercial vehicle or a chemical test refusal can trigger immediate administrative action. You have short deadlines, including a 15 day window to challenge an administrative suspension. This guide explains what happens next, how the rules differ for commercial drivers, and practical steps to protect your ability to work in Houston and across Texas.

Why Texas treats CDL holders differently

If you drive for a living, Texas and federal rules expect a higher level of safety and sobriety. The legal standard while operating a commercial motor vehicle is effectively stricter, since an alcohol concentration of 0.04 or more in a CMV can lead to disqualification, while non commercial drivers face 0.08 in a personal vehicle. The penalties are also layered, combining criminal court consequences with administrative commercial license disqualifications. That is why the phrase you keep seeing, CDL holders and DWI in Texas: Strict laws, is not just a headline, it is how the system works.

For you as a CDL holder worried about losing a job, the immediate goal is to keep your commercial privilege intact or shorten any disqualification. You do that by acting quickly on deadlines, preserving evidence, and understanding how administrative proceedings interact with the criminal case in Harris County and nearby courts.

First things first: a short checklist for the 15 day ALR deadline

Texas uses an Administrative License Revocation process that can suspend or disqualify driving privileges before your criminal case ever ends. Your window to request a hearing is short. Here is a focused checklist you can act on now.

• Mark the 15 day clock. After a DWI arrest or a test refusal or failure, the officer usually serves a notice that starts your deadline to request an ALR hearing. If you do not request in time, the suspension or disqualification often begins on the 40th day after notice was served. See the state’s overview for the timeline and hearing basics in the Texas DPS overview of the ALR program and hearing deadlines.
• File the hearing request correctly. If you want a step by step on how to request an ALR hearing and preserve your CDL, do it immediately and keep proof of submission.
• Know the CDL twist. When the stop involved a CMV, a BAC of 0.04 or more or a refusal can trigger a separate CDL disqualification path with its own legal standard. The disqualification can be set in motion quickly if a hearing is not requested.
• Preserve evidence now. Save dashcam or ELD data, bills of lading, delivery timelines, GPS pings, and names of witnesses. Ask your employer to preserve in cab camera footage if your truck has it. This evidence matters at both the ALR hearing and in court.
• Plan employer and DOT reporting. CDL holders generally must tell their employer about certain convictions within 30 days, and report suspensions promptly under federal rules. If your license is suspended or disqualified, your company’s safety department will need to pull you from safety sensitive duty until you are cleared.
• Protect your personal driver license too. An ALR suspension can also hit your regular Class C license. That can complicate non driving life in Houston, including getting to work if you are moved to a non driving role.

For a deeper look at ALR timing and what it means for commercial drivers, this Butler owned explainer covers what commercial drivers must know about ALR deadlines.

Texas trucking laws and DWI violations: the disqualification rules that matter

Texas Transportation Code Chapter 522 sets out the commercial disqualification rules. Highlights that matter to a CDL holder after a DWI related stop include the following.

• 0.04 in a CMV or refusal in a CMV can trigger administrative CDL disqualification. The Department can disqualify your CDL commercially if you submitted a specimen of 0.04 or more while operating a CMV, or if you refused while operating a CMV, unless a hearing overturns it. The procedure ties into ALR style hearings.
• First DWI conviction can mean a one year CDL disqualification. This applies even if the DWI happened in a personal vehicle. If hazardous materials were being transported, the disqualification is typically three years.
• Two DWI convictions can lead to a lifetime CDL disqualification. Lifetime bars can also be imposed for certain felony uses of a vehicle involving controlled substances.
• Serious traffic violations stack up too. Separate from DWI, two serious violations within three years can mean a 60 day disqualification, and three within three years can mean 120 days.

You can read the statutory language yourself in the official code: Texas statutory rules on CDL disqualification and DWI. Seeing the exact text helps you understand how administrative disqualification can happen even before any criminal court conviction.

Administrative vs. criminal: two tracks that hit CDL holders at the same time

One reason CDL holders feel blindsided after a Houston area DWI arrest is the two track system. You face a court case that can take months, and a separate administrative process that can suspend your personal license or disqualify your commercial privilege much sooner. Here is how to think about it in plain English.

• Administrative track. This is the ALR process and any CDL disqualification based on a 0.04 in a CMV or a refusal in a CMV. The deadline to request a hearing is usually 15 days from the date you were served notice. If no hearing is requested, the action generally starts on the 40th day after notice. Hearings are handled by the State Office of Administrative Hearings. Evidence is narrower than in criminal court.
• Criminal track. This is the DWI case in county court or district court. First offense DWI is typically a Class B misdemeanor, enhanced if BAC is 0.15 or higher, or if a crash or child passenger is involved. A conviction can be used to impose a one year CDL disqualification, even if the offense occurred in your personal vehicle.
• Interaction. Winning the ALR hearing helps protect your license, but it does not automatically dismiss the criminal case. Winning the criminal case does not necessarily erase an administrative action that already went into effect, though post ruling relief can sometimes be pursued.

For a quick overview of criminal penalties and how they intersect with CDL consequences, see this summary of criminal penalties and commercial-driver consequences.

Penalties and timelines at a glance for commercial drivers

Every situation is unique, but the ranges below give you a data informed map of what many CDL holders are dealing with after a first arrest in Harris County.

Issue	Typical Range or Rule	Notes for CDL Drivers
ALR hearing request	Within 15 days of notice, action often begins on the 40th day if no request	Short clock, especially after a refusal or test failure
CDL disqualification for 0.04 BAC in a CMV or refusal in a CMV	Administrative disqualification, can begin quickly unless hearing granted	Separate from the criminal case, based on Texas Transportation Code procedures
First DWI conviction	Up to 180 days in jail and a fine up to $2,000 for a basic Class B	Triggers a one year CDL disqualification, three years if hazmat
Second DWI conviction	Class A level penalties, higher fines and possible longer jail	Can lead to lifetime CDL disqualification
Serious traffic violations	Two in three years, 60 days. Three in three years, 120 days	Separate from DWI, still count against your CDL

If you prefer official sources, the ALR procedures and hearing timing are summarized by DPS at the page linked above. The disqualification periods are set out in Chapter 522 of the Texas Transportation Code.

Employer and DOT reporting, HR consequences, and termination risk

This is where many Houston area drivers feel the career pressure most. Employer safety policies are often tougher than the minimum legal standards, and your ability to drive commercially may be restricted while a disqualification or suspension is pending.

• Notification duties. CDL holders generally must notify employers of certain traffic convictions within 30 days, and must notify employers promptly of any driver license suspensions or disqualifications. Many employers also require written notice after an arrest, depending on policy.
• Clearinghouse and alcohol test rules. If your situation involves a DOT alcohol test while on duty or operating a CMV, an alcohol violation may be reported in the federal Clearinghouse. That can sideline you until return to duty steps are completed with a Substance Abuse Professional.
• Company policy and insurance. Even if your personal license is not suspended yet, some carriers will reassign or suspend a driver pending the outcome because of insurer requirements. HR may offer temporary non driving work or unpaid leave.

For a practical look at workplace impacts and choices drivers face, this Houston focused guide explains how a DWI specifically affects commercial driving careers.

Common misconception to avoid

Myth: If my criminal case gets dismissed, the CDL disqualification automatically goes away. Fact: The administrative and criminal tracks are separate. A dismissal can help pursue relief, but an unchallenged administrative action can still stand unless it is directly reversed. This is one reason acting within the 15 day ALR window matters.

Micro story: a Houston driver’s 48 hour plan

After a late delivery into the East End, a local driver was stopped near the Port on a lane change issue. He had been off duty but planned to drive his CMV in the morning. At the station he refused testing, worried the result might look bad. The officer served him with a notice that started the ALR clock. Within 48 hours he requested the hearing, preserved his ELD and dashcam clips, and asked the yard manager to save security video of the inbound trucks. He also confirmed company policy on reporting and moved to a non driving role temporarily. That early organization set up viable arguments at the ALR hearing and created leverage in the criminal case that followed.

How a commercial DWI lawyer can help without overpromising

Commercial DWI defense is partly about litigation skill and partly about timing, process, and documentation. A qualified Texas DWI lawyer can identify issues in the stop and testing, file the ALR request on time, subpoena the right records, and coordinate with your employer so you avoid unnecessary policy violations. In many cases the lawyer will also analyze whether the commercial disqualification was started correctly, and whether there is a path to stay or reduce it while the criminal case proceeds.

Even if you prefer to handle parts of the process yourself, a short consultation with a commercial focused attorney can clarify your deadlines, help prioritize evidence preservation, and explain realistic outcomes for a CDL holder in Harris County courts.

Special note for different reader types

Methodical Professional: You may want statutes and timelines you can validate. The Texas Transportation Code chapter linked above details one year disqualifications for first DWI convictions and lifetime consequences for repeat offenses, and DPS confirms the 15 day hearing window and 40 day effective date if no hearing is requested.

Status-Conscious Payer: If your business profile is sensitive, ask about discreet scheduling for hearings, limited employer disclosures, and strategies to avoid public settings when possible within court rules. Fast, accurate filings and evidence requests can shorten exposure time.

High-Value Executive: If absolute confidentiality is your top concern, discuss restricted public information, whether nondisclosure or record sealing might be available if the case resolves favorably, and what an employment gap explanation might look like without details.

Young/Uninformed Driver: The biggest immediate risk is missing the 15 day ALR deadline. If you ignore it, your license can be suspended or disqualified automatically around day 40, even before court.

What happens if an Uber or Lyft driver gets a DWI?

Rideshare drivers typically do not hold CDLs, but they still face serious consequences from a DWI arrest or conviction. Companies often deactivate drivers after an arrest, and many background screening policies treat a DWI conviction as disqualifying for several years. If your Houston rideshare account is deactivated, you may need to resolve the case or provide documentation before any review is considered. Every platform has its own policy, so check your driver portal and keep copies of court documents. A lawyer can help you understand how the timeline of your case interacts with rideshare reviews and whether a nondisclosure order could matter in the long term if a dismissal occurs.

Defenses and options that can protect a CDL

No article can tell you what will happen in your specific case. What you can do is recognize common defense paths that often matter for CDL holders and use them to frame your next steps.

• Stop and detention challenges. If the reason for the stop does not hold up, evidence can be suppressed. That can affect both criminal and administrative tracks.
• Breath, blood, or refusal issues. For 0.04 cases in a CMV, margin of error questions can be critical. For refusals, the documentation and whether proper warnings were given may be contested.
• Video and telematics. Dashcam footage, in cab cameras, ELD logs, and route data often provide timelines that contradict assumptions about impairment. Use them.
• Hearing advocacy. The ALR hearing is one of the best discovery tools in a DWI case. Subpoenaing the officer and locking in testimony can help later in court.
• Charge negotiation and downstream CDL effects. In some situations, case outcomes short of a DWI conviction may avoid or lessen CDL consequences. The details depend on the facts and local practice.

Statute and agency sources you can verify

If you like to double check everything, you should read the law directly. Texas provides public access to Chapter 522 of the Transportation Code, which outlines disqualification periods that apply to CDL holders after DWI related events. The DPS ALR page explains the hearing window and when suspensions take effect. For convenience, both are linked above.

Frequently asked questions about CDL holders and DWI in Texas: Strict laws

Can you lose your CDL for a DWI in Texas?

Yes, a first DWI conviction can disqualify your CDL for one year, and three years if you were transporting hazardous materials. A BAC of 0.04 or more while operating a commercial motor vehicle, or a refusal in a CMV, can also lead to administrative CDL disqualification even without a criminal conviction.

How soon do I have to act to protect my license after a Houston DWI arrest?

You usually have 15 days from when you were served notice to request an ALR hearing. If you do not request a hearing, the suspension or disqualification often begins on the 40th day after notice was served, which frequently lines up with about six weeks after arrest.

What is the difference between my criminal case and the ALR process?

The criminal case happens in court and can take months, leading to possible fines, classes, or jail if convicted. The ALR process is administrative, has a short deadline, and can suspend your personal license or disqualify your CDL based on a 0.04 in a CMV or a refusal in a CMV, even before the court case ends.

What happens if an Uber or Lyft driver gets a DWI?

Rideshare platforms often deactivate drivers after an arrest and can bar them for a period after a conviction. While rideshare drivers usually do not hold a CDL, a DWI can still remove access to the platform and reduce future opportunities until the case is resolved.

Will a non commercial DWI in my personal car still affect my CDL?

Yes, a DWI conviction in your personal vehicle can still trigger a one year CDL disqualification. That is why CDL holders should analyze both tracks of the case from day one.

Why acting early matters for Houston CDL holders

The two biggest leverage points in a commercial DWI case are timing and information. Acting within 15 days preserves your right to an ALR hearing. Preserving data within the first week, like ELD logs, yard camera footage, and delivery documentation, gives your lawyer tools to challenge the state’s assumptions. In Harris County and the surrounding courts, early requests for discovery and subpoenas can secure evidence before it is overwritten.

Being proactive also helps with your employer. If you talk with a qualified Texas DWI lawyer about what to report and when, you can follow company policy without over sharing. It can be the difference between a temporary non driving assignment and an unnecessary termination.

If you want more practical tips to read on your own time, explore this optional interactive Q&A resource with practical DWI tips. Use it for education, not as specific legal advice.

Video explainer for CDL drivers: The short video below covers how Texas treats CDL holders after a DWI, the 0.04 CMV threshold, ALR timelines, employer reporting, and when a commercial DWI lawyer can help. It is designed for a CDL holder worried about losing a job and needing a clear plan.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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