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Question:
What effect does a person with a Commercial
Driver’s License (CDL) charged with DWI with a
minor child, (blowing over limit). Even if
Deferred Adjudication is offered, if he takes
this, what happens to his CDL?
Answer:
Chapter 522 of the Transportation Code
(specifically 522.081(b)(3)) says that a person
who "holds a commercial driver's license is
disqualified from driving a commercial motor
vehicle for one year" "for refusing to submit to
a test under Chapter 724 to determine the
person's alcohol concentration or the presence
in the person's body of a controlled substance
or drug while operating a motor vehicle in a
public place". He has lost his privilege to
operate a commercial vehicle for that period.
Surrendering his license only means that he must
surrender his class A license and he should be
able to get a class C license as a substitute.
He is disqualified for blowing over the legal
limit. See TC 522.081(b)(4)(B). if he blows over
the legal limit, the disqualification is one
year.
Question:
A person
holds a Texas commercial driver’s license (CDL).
He was stopped for DWI in a private vehicle. He
provided a breath specimen and was over the
limit. He waived the administrative license
revocation (ALR) hearing. Because of the waiver,
he's going to get a one year suspension. Any
hope of avoiding a one year CDL suspension?
Answer:
His only
chance was requesting an ALR hearing and a
lawyer could have helped. Since he waived that,
the suspension will go into effect. He is
eligible for an Occupational Drivers License on
his regular Class C license, but he cannot get
an occupational license for the CDL.
Question:
Is a failure to dim only an adequate
reason for the DEPARTMENT OF PUBLIC SAFETY to
pull someone over
Answer:
Yes. And it can form the basis for an arrest and
custodial search of the vehicle.
Question:
Can there be a
waiver of surcharges for a DWI conviction
(regular probation) like there can be of the
driver's license suspension?
Answer:
No, if you are
convicted of DWI, you will be obligated to pay
the State the surcharge.
BLOOD ALCOHOL INFORMATION AND CHARTS
Estimated Blood
Alcohol Concentration After One Hour
DWI Breathalyzer
Test Information
|
Number of
Drinks |
Body Weight
(Pounds) |
Will it
affect your driving? |
|
|
100 |
120 |
140 |
160 |
180 |
200 |
220 |
240 |
|
|
1 |
.04 |
.03 |
.03 |
.02 |
.02 |
.02 |
.02 |
.02 |
Maybe
[1] |
|
2 |
.06 |
.06 |
.05 |
.05 |
.04 |
.04 |
.03 |
.03 |
|
3 |
.11 |
.09 |
.08 |
.07 |
.06 |
.06 |
.05 |
.05 |
Under the Influence |
|
4 |
.15 |
.12 |
.11 |
.09 |
.08 |
.08 |
.07 |
.06 |
|
5 |
.19 |
.16 |
.13 |
.12 |
.11 |
.09 |
.09 |
.08 |
Legally Intoxicated |
|
6 |
.23 |
.19 |
.16 |
.14 |
.13 |
.11 |
.10 |
.09 |
|
7 |
.26 |
.22 |
.19 |
.16 |
.15 |
.13 |
.12 |
.11 |
|
8 |
.30 |
.25 |
.21 |
.19 |
.17 |
.15 |
.14 |
.13 |
|
9 |
.34 |
.28 |
.24 |
.21 |
.19 |
.17 |
.15 |
.14 |
|
10 |
.38 |
.31 |
.27 |
.23 |
.21 |
.19 |
.17 |
.16 |
A good Rule of
thumb is that one drink is metabolized to the
point of elimination from the blood stream each
hour. Therefore, typically, if you have one
drink, waiting one hour before driving is a good
idea. Other factors influence and can increase
or decrease one's BAC such as fatigue, having
eaten, and the type of drink it is, so the best
way to avoid a DWI is to avoid driving after
drinking anything at all.
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