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.