Can you get a CDL with a DWI in Texas?

August 26, 2025

If you’re a CDL holder in Texas, a DWI conviction can severely impact your ability to drive commercially. Here’s what you need to know:

• Lower BAC Limit: CDL holders can be charged with a DWI at a BAC of 0.04% (compared to 0.08% for regular drivers).
• Penalties: A first DWI results in a 1-year CDL disqualification (3 years if hazardous materials are involved). A second DWI leads to a lifetime ban.
• Off-Duty DWIs Count: Even DWIs in a personal vehicle can disqualify your CDL.
• No Deferred Adjudication: CDL holders cannot use deferred adjudication to avoid a conviction.
• Employment Challenges: Many trucking companies won’t hire drivers with a DWI, and insurance premiums may increase.

Reinstating a CDL after a DWI involves serving the disqualification period, completing court-ordered programs, passing tests, and paying fees. However, a second DWI often leads to permanent disqualification.

Key Takeaway: A DWI in Texas can jeopardize your CDL and career. Legal representation and understanding the rules are critical to protecting your livelihood.

How a DWI Affects CDL Eligibility in Texas

Building on the immediate penalties discussed earlier, let’s dive into how both state and federal regulations impact your Commercial Driver’s License (CDL) eligibility. A DWI charge or conviction in Texas can create serious short- and long-term challenges for CDL holders, potentially putting your career in commercial driving at risk for years—or even permanently.

Texas DWI and CDL Laws

Under Texas Transportation Code §522.081, the rules for CDL eligibility following a DWI are strict. A DWI conviction, regardless of whether you were driving a commercial or personal vehicle, can disqualify you from obtaining or keeping a CDL or a Commercial Learner’s Permit (CLP). This means your personal driving choices can directly affect your professional credentials.

Texas law enforces increasing disqualification periods for DWI offenses. For details on the penalties for first and subsequent offenses, refer to the earlier section. On top of state laws, federal regulations introduce additional restrictions for CDL holders.

Federal Motor Carrier Safety Administration (FMCSA) Rules

The Federal Motor Carrier Safety Administration (FMCSA) imposes nationwide regulations that apply to all CDL holders, regardless of the state where the license was issued. These federal rules often go beyond state laws, creating further complications for commercial drivers. For instance, a DWI conviction triggers at least a one-year disqualification from operating a commercial vehicle. This penalty increases if the offense involved transporting hazardous materials or if the driver has prior convictions.

Employers are bound by FMCSA guidelines and typically avoid hiring drivers with a DWI conviction, especially if the offense occurred while operating a commercial vehicle. Additionally, a blood alcohol concentration (BAC) of 0.04% or higher results in immediate removal from any safety-sensitive role.

Administrative License Revocation (ALR) Process

Beyond statutory penalties, administrative procedures also play a significant role in determining your CDL status. After a DWI arrest, the Administrative License Revocation (ALR) process immediately suspends your license if your BAC is 0.04% or higher while operating a commercial vehicle, or 0.08% or higher in a personal vehicle. Refusing a blood or breath test also triggers an automatic suspension.

To contest this suspension, you must ask for an ALR hearing within 15 days of your arrest. If you miss this window, your license is automatically suspended. At the hearing, you’ll have the chance to challenge the suspension. However, if the decision doesn’t go in your favor, your CDL disqualification is confirmed.

For commercial drivers, the stakes are even higher. Unlike regular motorists, CDL holders cannot use an occupational license to continue driving professionally during a suspension. Even a first-time DWI offense can result in a one-year CDL disqualification. This makes it critical to understand the rules and prepare for potential reinstatement steps or legal defenses.

CDL Penalties and Disqualification Periods

Commercial drivers in Texas face stricter penalties compared to regular drivers when convicted of a DWI. Below, we break down the specific consequences CDL holders face and how they differ from those applied to non-commercial drivers.

DWI Conviction Penalties for CDL Holders

A first-time DWI conviction results in a minimum one-year CDL disqualification, as outlined in Texas Transportation Code §522.081. This applies whether the offense happened while driving a commercial vehicle or a personal vehicle. If hazardous materials were being transported at the time, the disqualification period increases to three years.

For second DWI offenses, the penalties are significantly harsher. A second conviction leads to a lifetime CDL disqualification. However, the Texas Department of Public Safety (DPS) may allow reinstatement after 10 years if an approved program is successfully completed, except in cases involving human trafficking or the manufacturing, distribution, or dispensing of controlled substances.

CDL holders are also held to a stricter BAC (blood alcohol concentration) limit. While operating a commercial vehicle, a BAC of 0.04% – half the limit for non-commercial drivers – can result in a DWI charge. This lower threshold reflects the higher safety standards expected of commercial drivers.

CDL vs. Regular License Penalty Comparison

The table below highlights how penalties for CDL holders differ from those for non-commercial drivers:

One major distinction is that CDL holders are not eligible for deferred adjudication for DWI offenses, even if the violation occurred in a personal vehicle. This means CDL drivers cannot avoid a conviction through probation or community service, unlike non-commercial drivers.

Lifetime Disqualification and Hazardous Materials

There are additional scenarios beyond repeat DWI offenses that can result in a lifetime CDL disqualification. Understanding these risks is critical for protecting your career as a commercial driver.

For example, violations involving hazardous materials carry especially tough penalties. A second offense involving hazardous materials results in a lifetime disqualification. While reinstatement may be possible after 10 years with program completion, certain aggravated crimes make reinstatement impossible.

Other situations leading to lifetime disqualification include using a vehicle in the commission of a felony or knowingly transporting undocumented individuals. These offenses demonstrate Texas’s zero-tolerance stance toward serious criminal activities involving commercial vehicles.

Additional violations can also impact your CDL status. For instance, committing multiple serious traffic offenses within three years leads to escalating penalties: a 60-day disqualification for two offenses and a 120-day disqualification for three offenses. Similarly, railroad-highway grade crossing violations carry penalties ranging from 60 days to at least one year, depending on the number of offenses within a three-year period.

CDL Reinstatement Process After DWI

Regaining your Commercial Driver’s License (CDL) after a DWI conviction in Texas is a detailed process with stringent requirements. The Texas Department of Public Safety (DPS) evaluates each reinstatement application individually, meaning completing all steps doesn’t guarantee approval.

CDL Reinstatement Steps

To reinstate your CDL, you’ll need to follow these mandatory steps:

• Serve the full disqualification period: This is typically one year for a first DWI offense or three years if hazardous materials were involved.
• Fulfill court-ordered obligations: This could include jail time, probation, mandatory education, or community service.
• Complete a DPS-approved alcohol or drug education program: Only programs approved by the DPS are accepted.
• Pay reinstatement fees: The fee is $100 for DWI or traffic-related offenses, or $125 for administrative suspensions. An additional $5.75 online processing fee may apply. These fees are non-negotiable.
• Retake CDL tests if required: Depending on how long your disqualification lasted, you might need to pass the CDL written and skills tests again to prove your knowledge and abilities.
• Pass a “return to duty” alcohol test: This test must be conducted under direct observation.
• Submit required documentation: This includes education certificates, test results, and payment receipts, which must be sent to the DPS.

After completing these steps, your application will be reviewed by the DPS.

Texas Department of Public Safety Review Process

Once you’ve met the reinstatement requirements, the DPS will review your application on a case-by-case basis. Meeting the basic criteria does not guarantee approval. Start by checking your license eligibility on the Texas DPS website, which provides specific details and a list of required documents for your situation.

During the review, the DPS considers factors like your compliance with legal requirements and evidence of rehabilitation. The application process may take up to 21 business days—or longer for complex cases. If approved, you’ll need to apply as a new CDL applicant at your local driver license office. Be prepared to provide proof of identity, U.S. citizenship or lawful presence, Social Security number, and Texas residency.

Multiple Offense Requirements

For drivers with more than one DWI conviction, the process becomes even stricter. A second DWI often leads to lifetime disqualification. However, after 10 years, reinstatement may be considered if you can demonstrate exceptional rehabilitation and prove you’re no longer a public safety risk.

Certain offenses, like human trafficking or controlled substance violations, result in permanent disqualification with no possibility of reinstatement.

It’s also worth noting that Texas law prohibits restricted or occupational CDLs during a disqualification period. This means you cannot work as a commercial driver in any capacity while your CDL is suspended or revoked.

Additionally, you may be required to file an SR‑22 insurance certificate, which could lead to higher insurance premiums that must be maintained for a specified period after reinstatement.

Legal Defense Options for CDL Holders

If you’re a CDL holder in Texas facing DWI charges, your career as a commercial driver is at serious risk. Professional legal representation isn’t just helpful—it’s essential to protect your livelihood.

Why CDL Holders Need Legal Representation

CDL holders are held to a stricter standard when it comes to blood alcohol concentration (BAC). While the legal limit for most drivers is 0.08%, CDL holders operating commercial vehicles are limited to a 0.04% BAC threshold. The consequences for a DWI conviction can be severe:

• First offense: A one-year disqualification from holding a CDL, which extends to three years if hazardous materials are involved.
• Second offense: Lifetime disqualification from obtaining a CDL.

A DWI conviction doesn’t just threaten your CDL—it jeopardizes your entire career. Experienced legal representation can help by challenging the evidence against you and negotiating for reduced penalties. The legal process is especially complex for CDL holders, as it involves both criminal charges and separate administrative license hearings.

DWI defense attorneys bring specialized expertise to these cases. They can spot weaknesses in the prosecution’s case that might otherwise go unnoticed. This makes understanding the unique plea restrictions for CDL holders even more vital.

Deferred Adjudication Restrictions for CDL Holders

One major disadvantage for CDL holders in Texas is the lack of access to deferred adjudication for DWI charges or other traffic violations.

This restriction leaves CDL holders with fewer options than other drivers, making it critical to fight charges aggressively. Texas law enforces stricter rules on CDL holders due to the public safety responsibilities that come with operating commercial vehicles. With plea bargains off the table, building an effective defense becomes even more crucial.

DWI Defense Strategies

To protect your CDL and your career, you’ll need a defense strategy tailored to your situation. Here are some common approaches:

• Challenge the traffic stop: Was the stop lawful? If not, the evidence gathered could be inadmissible.
• Dispute BAC test results: Breathalyzer devices must be properly calibrated and maintained. Any errors in this process can lead to unreliable results.
• Question field sobriety tests: Factors like fatigue, medical conditions, or poor weather can impact test performance and create doubt about impairment .
• Examine blood sample handling: Any mishandling or errors in the chain of custody can undermine the prosecution’s case.

Defense attorneys may also scrutinize the qualifications of testing personnel or look for alternative explanations for signs of impairment, such as medical issues or environmental factors. These challenges can help create reasonable doubt.

While negotiations for reduced charges or alternative sentencing are possible, CDL holders often face more limited options than other drivers. Acting swiftly is critical—time limits apply to many legal and administrative procedures, such as requesting a hearing to contest a license suspension.

In some cases, CDL holders may face additional charges, like reckless driving or endangerment, especially if an accident occurred. The combination of criminal penalties and administrative actions makes a coordinated defense strategy essential. Experienced DWI attorneys can help navigate this complex process and work to protect your career.

Employment and Career Impact for CDL Holders

A DWI conviction doesn’t just come with legal consequences—it can also derail your professional life, especially if you’re a Commercial Driver’s License (CDL) holder in Texas. The transportation industry operates under strict federal regulations and employer policies, making it particularly challenging to maintain or find employment after such an offense. The ripple effects of a DWI extend far beyond fines and legal penalties, impacting your livelihood and future career prospects.

Employer Policies and Federal Restrictions

For CDL holders, employment challenges are shaped by both federal mandates and company policies. Under federal law, drivers must be immediately removed from safety-sensitive duties if they are convicted of a DWI, fail a drug or alcohol test, or refuse to take one. Many trucking companies enforce zero-tolerance policies for DWI offenses, often leading to immediate termination.

On top of this, the Federal Motor Carrier Safety Administration (FMCSA) requires CDL holders to undergo regular drug and alcohol testing. These tests include pre-employment screenings, random checks, post-accident evaluations, and tests based on reasonable suspicion. CDL drivers are also legally obligated to report any drug- or alcohol-related convictions to their employers.

The financial burden of a DWI conviction can be steep, with fines sometimes exceeding $10,000, depending on the severity of the case. These costs, combined with the potential loss of employment, can create significant financial strain.

Rebuilding Your CDL Career After DWI

Recovering from a DWI conviction and rebuilding your career requires a mix of honesty, determination, and a proactive approach. Many trucking companies hesitate to hire drivers with a DWI history. However, opportunities may still exist for those who take steps to demonstrate rehabilitation and responsibility.

Start by being upfront about your conviction during job applications. Transparency can prevent complications during background checks. To show commitment to improvement, consider completing safety courses or rehabilitation programs. Maintaining a clean driving record after your conviction is also crucial for proving your reliability to potential employers.

Some larger trucking companies, particularly those that are self-insured, may be open to hiring drivers with older DWI convictions.

Staying Compliant and Protecting Your CDL

Once you’ve rebuilt your career, staying compliant with CDL regulations is essential to safeguarding your renewed status. Commercial drivers are held to a stricter blood alcohol concentration (BAC) limit of 0.04%, reflecting the responsibility of transporting the majority of the nation’s freight.

Strictly adhere to both federal and state DWI laws to avoid further restrictions or penalties. Any new alcohol- or drug-related offenses must be promptly reported to your employer.

Even after reestablishing your career, the stigma of a DWI conviction can linger, making job searches and career advancement more difficult. Demonstrating genuine rehabilitation, maintaining an impeccable driving record, and consistently meeting CDL requirements are key to overcoming these ongoing challenges.

Protect Your CDL—and Your Future

A DWI charge in Texas can jeopardize more than just your driving record—it can derail your livelihood, especially if you hold a Commercial Driver’s License. With stricter legal standards, no access to deferred adjudication, and limited employment options following a conviction, CDL holders face a uniquely challenging path forward. But a charge doesn’t have to mean the end of your career.

At The Napier Law Firm, we understand what’s at stake. George Napier has helped commercial drivers across Texas fight DWI charges, protect their licenses, and navigate the complex administrative and legal hurdles that follow. Whether you’re facing your first DWI or fighting for reinstatement after a disqualification, our team is here to build a strong, strategic defense tailored to your situation.Don’t wait. The sooner you take action, the more options you’ll have. Contact The Napier Law Firm today to schedule a confidential consultation and take the first step toward protecting your CDL—and your future.