San Marcos CDL DWI Lawyer

Being charged with driving while intoxicated (DWI) can be a terrifying and confusing experience with serious legal and personal consequences. Whether it's the result of a simple mistake or a larger issue, understanding the steps to take is crucial, especially if you have a commercial driver's license (CDL). People with CDLs make their living from driving commercial vehicles, such as tractor-trailer trucks and buses. If their CDL is suspended because of a DWI charge, they will not be able to work and could possibly lose their job.

If you’re facing a commercial DWI charge, our team of San Marcos CDL DWI lawyers at The Law Offices of David C. Hardaway is here for you. We'll sit down with you, get to know your situation, and guide you through all your options. Our job is to safeguard your rights and your way of life. We'll always be completely honest with you about what we can do, and what chances you have for a good outcome. If you decide to hire us, we'll defend you fiercely, both in the courtroom and behind the scenes. We know these commercial DWI cases are a big deal, so we'll do everything we can to secure the best possible outcome for you.

Our team of experienced DWI lawyers has helped several of our clients overcome long odds, and our past case results show it.

If you have been charged with CDL DWI, call (512) 846-9966 or contact us online to schedule an initial consultation with our CDL DWI attorneys in San Marcos. Hablamos Español.

What Should I Do If I’m Charged with a Commercial DWI in San Marcos?

If you're charged with a DWI, the initial moments afterward are critical. Here's what you should do immediately:

  • Pull Over Safely – When you see the flashing lights, slow down and pull over as quickly and safely as possible.
  • Stay Calm and Cooperative - Keep your hands visible, be polite, and provide the necessary documents when requested.
  • Avoid Incriminating Yourself – Be mindful of what you say. You have the right to remain silent and avoid self-incrimination.
  • Contact a Commercial DWI Lawyer – Your next step, as soon as possible, should be to contact attorneys who specialize in commercial DWI cases. They can guide you through the rest of the process and advise you on your rights.

Understanding Your Rights

Once you're charged, it’s important to know and assert your rights.

The Right to Remain Silent

You have the right to refuse to answer any questions without a lawyer present. Know when to exercise this right to protect yourself.

Presumption of Innocence

You are presumed innocent until proven guilty. Bear this in mind as you go through the legal process.

Right to Legal Representation

Exercise your right to have an attorney. A lawyer can help ensure your rights are protected and build a defense strategy.

What Happens If I Refuse Breathalyzer Testing?

Under the provisions of Texas's implied consent laws, you are legally obligated to submit to chemical testing, including breathalyzer tests. Although you may opt to refuse such testing, doing so could result in you suffering serious consequences, such as a suspension of your driver's license for a duration of up to 180 days on your first offense.

In addition, if you refuse to take a breathalyzer test, law enforcement has the right to transport you to a police station or other designated locations for blood testing. It should be noted that while the police cannot force you to give a blood sample initially, they do have the authority under Texas law to petition a judge for a warrant to draw your blood. If the judge is convinced there is probable cause that you were under the influence while driving, a warrant may be granted, providing the police with the power to draw and analyze your blood, even if you refuse.

On a positive note, breathalyzer tests are infamous for their unreliable outcomes. Consequently, even if a breathalyzer test turns out unfavorably, we can employ multiple defense tactics to challenge the accuracy of the test results.

Steps to Take for Your Defense

With your attorney, you should work on building a strong defense.

Gathering Evidence

Collect any evidence to support your innocence, such as witness statements, location of sobriety checkpoints, or malfunctioning equipment in the breathalyzer test.

Interview Witnesses

Witness accounts can be powerful tools in your defense. Your lawyer can guide you on how to approach and record witness statements.

Review the Arrest

Ensure that all procedures and protocols were followed during your arrest. Any irregularities could be grounds for dismissal or a reduction of the charges.

What Are the Penalties for a Commercial DWI Conviction in Texas?

After a DWI conviction, commercial drivers can face severe consequences. This not only includes criminal penalties but occupation-related penalties as well:

  • First-Time DWI Penalties – Penalties for a first-time DWI conviction can include fines totaling as much as $2,000 and up to 180 days in jail.
  • CDL Suspension – Commercial drivers who are charged with a DWI must participate in an administrative hearing. The results of that hearing determine whether the driver’s CDL is suspended as a result of the DWI charges. A driver’s CDL can be suspended even if the driver isn’t convicted of the DWI charges.

In addition, even after a commercial driver’s driving privileges are reinstated following a CDL suspension, drivers can find it extremely difficult to get hired again with a DWI conviction or CDL suspension on their record.

Our San Marcos CDL DWI Lawyers Are Here to Help. Contact Us Now!

If you are facing commercial DWI charges, you should get in touch with The Law Offices of David C. Hardaway right away so that we can promptly get to work fighting the charges on your behalf. In addition, from day one, we promise to address each and every one of your questions with integrity and thoroughness. Further, we commit to providing straightforward and impartial feedback on your case. Trust us with your legal needs and experience a service that prioritizes transparency, diligence, and honesty.

To learn more about our firm, read our clients’ reviews.

Give us a call at (512) 846-9966 or connect with us online today to discuss your situation with our experienced CDL DWI lawyers in San Marcos.