Commercial Driver’s License-CDL

| Nov 9, 2010 | Criminal Defense |

DISQUALIFICATION FROM DRIVING COMMERCIAL MOTOR VEHICLE:    

Please be advised that TEX. TRANSP. CODE §522.081 applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle.  A person who holds a commercial driver’s license is disqualified for driving a commercial motor vehicle as follows:

 

60 DAYS, IF:

(a)    Convicted of two (2) serious traffic violations that occur within a three (3) year period; or

(b)   Convicted of one (1) violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing.

120 DAYS, IF:

(a)    Convicted of three (3) serious traffic violations arising from separate incidents occurring within a three (3) year period; or

(b)   Convicted of two (2) violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occurs within a three (3) year period.

 

ONE YEAR, IF:

(a)    Convicted of three (3) violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three (3) year period;

(b)   On first (1st) conviction of:

(1)    Driving a motor vehicle under the influence of alcohol or a controlled substance, including a violation of TEX. PEN. CODE §49.04 [D.W.I.] or §49.07 [Intoxication Assault];

(2)    Leaving the scene of an accident involving a motor vehicle driven by the person;

(3)    Using the motor vehicle in the commission of a felony;

(4)    Causing the death of another person through the negligent or criminal operation of a motor vehicle; or

(5)    Driving a commercial motor vehicle while the person’s commercial driver’s license is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;

(c)    For refusing to submit to a test under TEX. TRANSP. CODE Ch. 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; or

(d)   An analysis of the person’s blood, breath, or urine under TEX. TRANSP. CODE Chs. 522, 524, or 724 determines that the person:

(1)    Had an alcohol concentration of 0.04 or more, or that a controlled substance or drug was present in the person’s body, while operating a commercial motor vehicle in a public place; or

(2)    Had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place.

THREE YEARS, IF:

(a)    Previously convicted of an offense requiring a one (1) year suspension (see above) and the vehicle being operated by the person was  transporting a hazardous material required to be placarded;

(b)   Refuses to submit to a test under TEX. TRANSP. CODE Ch. 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 and the vehicle being operated by the person was transporting a hazardous material required to be placarded; or

(c)    An analysis of the person’s blood, breath, or urine under TEX. TRANSP. CODE Chs. 522, 524, or 724 determines that while transporting a hazardous material required to be placarded the person:

(1)    While operating a commercial motor vehicle in a public place had an alcohol concentration of 0.04 or more, or a controlled substance or drug present in the person’s body; or

(2)    While operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of 0.08 or more.

LIFETIME, IF:

(a)    Convicted two (2) or more times of an offense requiring a one (1) year suspension (see above), or a combination of those offenses, arising from two (2) or more separate incidents;

(b)   The person uses a motor vehicle in the commission of a felony involving:

(1)    The manufacture, distribution, or dispensing of a controlled substance;

(2)    Possession with intent to manufacture, distribute, or dispense a controlled substance; or

(c)    For any combination of two (2) or more of the following, arising from two (2) or more separate incidents:

(1)    A conviction of the person for an offense requiring a one (1) year suspension (see above);

(2)    For refusing to submit to a test under TEX. TRANSP. CODE Ch. 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; and

(3)    An analysis of the person’s blood, breath, or urine under TEX. TRANSP. CODE Chapters 522, 524, or 724 determines that the person:

(A)   had an alcohol concentration of 0.04 or more, or that a controlled substance or drug was present in the person’s body, while operating a commercial motor vehicle in a public place; or

(B)   had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place.