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Last Modified on Jun 30, 2026
An arrest for driving while intoxicated (DWI) can be stressful for anyone, but commercial driver’s license (CDL) holders often face even more fear due to the life-changing impact a DWI conviction could have. If you are a CDL holder, you are likely wondering, “Can you still drive after a CDL DWI arrest in Houston, TX?”
Whether or not you can drive depends on several factors. Furthermore, the immediate actions you take after an arrest can impact whether you retain your driving privileges or face permanent or long-term limitations. A Houston criminal defense lawyer can help you understand your legal options, protect your rights, and work to preserve your ability to drive whenever possible.
How Texas’ DWI Laws Apply to CDL Holders
DWI laws are different for CDL holders compared to most other drivers. While most drivers are considered intoxicated when their blood alcohol concentration (BAC) is 0.08%, CDL holders can face Houston CDL DWI penalties with a BAC of just 0.04%.
Additionally, it is important to understand that a DWI arrest does not have to occur while operating a commercial vehicle to impact your CDL. The 0.04% BAC limit still applies in your personal vehicle, and a DWI arrest that occurred in your personal vehicle does impact your CDL.
What Happens to Your CDL After a DWI Conviction
From when you first get pulled over on I-10, I-45, or another Houston road, your driver’s license may be impacted. After an arrest, law enforcement can take your driver’s license and CDL, instead issuing you a temporary permit. If given this permit, you are able to drive for a limited amount of time after an arrest.
This temporary permit buys you time to request an administrative license revocation (ALR) hearing. You have 20 days from the time you received a notice to request a hearing. This is reduced to 15 days if you refused or failed a breath or blood test.
During an ALR hearing, you can challenge the license suspension. This is important even if you are also challenging the criminal charges, as the two cases are separate. You may face license suspension even if you are found not guilty or if your criminal charges are dismissed.
The Consequences of DWI Cases on Commercial Drivers
The Houston CDL DWI penalties have particularly severe consequences if you have a CDL. Beyond the traditional criminal penalties, such as fines or jail time, you can be disqualified from having a CDL for a certain period of time.
For a first alcohol offense, the disqualification period can last for at least one year. Upon a second offense, you can be disqualified for life. Even if you may be able to drive in the days following an arrest, you could be disqualified from having a CDL for years or even permanently.
For CDL holders, this license is often essential for their livelihood. Being disqualified, even if it is not permanent, can create immediate challenges when it comes to your career and financial situation. Even before a verdict is reached, some employers choose to place drivers on leave while they await the outcome of the case. If a conviction is reached, many employees are terminated based on company policies.
Beyond your current job, a DWI conviction can negatively affect future employment opportunities. You may struggle to find jobs in the same field, and many employers are hesitant or unable to hire someone with a criminal record.
Why You Should Hire a DWI Lawyer From the Law Office of Joseph Ruiz, PLLC
DUI cases move quickly, especially when you are looking to protect your license. You should reach out to a Houston DWI attorney as soon as possible after an arrest, so they can help you prepare for both your criminal trial and your ALR hearing. At the Law Office of Joseph Ruiz, PLLC, we are ready to step in to offer guidance and protect your rights.
Attorney Joseph Ruiz has over two years of legal experience, giving him a strong understanding of how to build powerful defenses that bring results such as dismissed charges or not guilty verdicts. He has also been recognized as a Super Lawyer in DUI/Criminal law from 2023 to 2026. Though awards and recognition are not guarantees of future results. Selection criteria vary by organization.
FAQs
What Happens If You Get a DWI With a CDL in Texas?
If you get a DWI as a CDL holder in Texas, you can receive criminal charges that trigger administrative penalties that impact your driving privileges. To limit these charges from impacting your CDL and career permanently, you should hire a DWI lawyer as soon as possible. They can help you defend yourself against both criminal and administrative penalties by developing a strategic defense.
How Long Does a DWI Show Up on a Background Check in Texas?
A DWI conviction can stay on your criminal record indefinitely. This means that the offense can continue to appear on background checks conducted by employers, landlords, and other parties who often consider criminal background when reviewing an applicant. However, there may be options for clearing your record, such as an Order of Nondisclosure, though not all individuals are eligible for these options.
What Happens After a DWI Arrest in Texas?
After a Texas DWI arrest, law enforcement can take you into custody for booking. Booking typically involves recording your basic personal information, administering a chemical test, taking your photographs and fingerprints, and filing a police report. Law enforcement may try to question you, though it is important to wait for a Texas DWI attorney before speaking about the offense. You may be held in custody or released as you await your first court appearance.
How Often Do DWI Cases Get Dismissed?
DWI cases do not get dismissed often. In 2024, only 2,555 Texas DWI cases resulted in dismissal out of a total of 85,858 DWI charges. Dismissals may occur if there are significant errors in the evidence, a lack of sufficient evidence, or if police errors violated your constitutional rights. An experienced Texas DWI attorney can review your case and explain whether there are any defenses that may result in case dismissal.
Contact the Law Office of Joseph Ruiz, PLLC, Today
A DWI arrest as a CDL holder can put your career at risk. Contact the Law Office of Joseph Ruiz, PLLC, to protect yourself from the harsh Houston CDL DWI penalties.
