Lubbock Criminal Defense Attorneys Practicing Texas Criminal Law......
Facing A Texas DWI / DUI? |
If you’ve been arrested for Texas DUI, being arrested and finger printed is only the beginning. More on Texas DUI...
If you’re like most people, you’re not sure what to do first with respect to your DWI arrest.
Learn more about a DWI arrest...
Things YOU need to know about your DWI arrest that NO ONE is telling YOU. More on DWI...
In many instances, police officers have made mistakes during your DWI arrest or during the blood, breath or urine tests. Help for
your defense...
If you or a loved one have been arrested for any Texas criminal offense and need immediate jail release help and information, call our law office at
806 794-0DWI.
The Law Office of Stephen L. Hamilton
802 Main Street
Lubbock, TX 79401
(806) 794-0394 - Office
(888) 595-5578 - Fax |
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Commercial Driver's
License Suspension / CDL
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Texas License Suspended / License Suspension - CDL - Lubbock Texas DWI
Defense Attorney
Stephen Hamilton Lubbock Texas Criminal Defense Attorney
Texas CDL Suspension - Texas Commercial Driver's License
Suspension Laws
BEWARE: YOUR COMMERCIAL DRIVER'S LICENSE CAN BE SUSPENDED IF YOU WERE
ARRESTED FOR DWI WHILE DRIVING YOUR PERSONAL VEHICLE!
Intended to promote public safety, the Texas Commercial Driver's License Act (CDL)
was enacted as part of the Transportation Code on September 1, 1995.
A commercial driver's license (CDL) is a license which allows the driver to
operate a vehicle that: (a) transports passengers or property, (b) has a gross
combination weight rating of at least 26,001 pounds (including a tow unit), (c)
is meant to carry at least 16 passengers, and/or (d) transports hazardous
materials.
When an individual applies for a commercial driver's license, he must include
all necessary information including previous convictions, whether in Texas or
another state. These convictions will be considered in the bureau's decision to
issue or deny a commercial driver's license or permit.
If a person has already had a Texas CDL suspension, revocation, or cancellation
of a commercial or personal license in any state, he will not be issued a
commercial driver's license.
Employers are also held liable under the act if they knowingly allow an employee
to drive a commercial vehicle when that employee has been denied such privilege.
Penalties including disqualification from running a commercial vehicle service
will be imposed on an employer.
Equally as important for a commercial vehicle driver is the clear provision in
Texas law that a person who has "measurable or detectable" amounts of alcohol in
their system may not drive a commercial vehicle. Those who refuse to submit to
an alcohol test, will immediately be placed "out of service" for a period of 24
hours. A police officer may issue such an order upon probable cause.
The driver of a commercial motor vehicle is "considered to have consented" to
blood alcohol testing and a police officer, with probable cause, may request
such samples. Refusal to submit to testing results in immediate suspension of
driving privileges for 24 hours, and disqualification of driving rights for at
least one year.
A person who holds a commercial driver's license will lose his driving privilege
for a period of one year if: (a) they have been convicted, for the first time,
of driving under the influence of alcohol or narcotics; (b )they refuse to
submit to a test to determine level of alcohol in body; (c) if blood, breath or
urine test determines there was an alcohol level of .04 or more while operating
the commercial vehicle in a public place; or (d) if there was an alcohol level
of .08 or more while operating a motor vehicle (not a commercial vehicle) in a
public place.
If the commercial vehicle driver was transporting hazardous materials and any of
the above criteria were present, that driver will lose their commercial vehicle
license for a period of three years.
Further, a driver will lose his commercial vehicle license for life if convicted
two ore more times of driving while under the influence.
Drivers have a right to a hearing, and subsequent appeal of a disqualification.
The licensing bureau can determine if a person is eligible to have their
commercial driver's license reinstated after a period of ten years as long as
certain conditions are present. However, should the reinstated driver be
convicted of a similar offense, he will permanently lose his license with no
hope of reinstatement.
AMAZINGLY, A TEXAS CDL SUSPENSION CAN APPLY TO ANYONE, EVEN IF THEY ARE
ARRESTED WHILE DRIVING THEIR PERSONAL VEHICLE!!!
A commercial motor vehicle driver arrested for DWI can face
an end of livelihood
and career - it is essential to hire an experienced attorney for your defense as soon as possible.
It is important to note that the act does not apply to vehicles that transport
agricultural products, fire-fighting or emergency vehicles, military vehicles,
and recreational vehicles such as motor homes or campers.
Discover for yourself how we can help save your Texas commercial drivers license.
Call and schedule an appointment today. Our
initial consultation is free. We can sit down and discuss what we can do to save
your license from suspension and what options are available to you. To assist you financially in
paying any attorney fees, we offer flat rate fees and flexible payment plans that
will allow you to hire us as your Lubbock DWI defense
attorney so that we can start
immediately to protect your rights. Call us today at
(806) 794-0394 for a
free consultation and see how we can help with your case.
Criminal Defense Trial Attorneys - Lubbock Texas DWI / DUI West Texas Defense Lawyers
Free Consultation |
Payment Plans Available |
Major Credit Cards Accepted |
Stephen L. Hamilton is a Criminal Defense Trial Attorney in the State of Texas covering Amarillo, Canyon, Andrews, Abernathy, Acuff, Amherst, Anton, Arnett, Bledsoe, Brownfield, Cotton Center, Crosbyton, Dickens, Floydada, Hale Center, Idalou, Lamesa, Levelland, Littlefield, Lockney,
Loop, Lorenzo, Lubbock, Meadow, Morton, Muleshoe, New Home, O'Donnell, Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom Canyon, Shallowater,
Slaton, Smyer, Tahoka, Wolfforth, Seminole, Tulia, Midland, Odessa.
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