Denton Commercial DWI Lawyer
Experienced Commercial DWI Attorney In Denton, Texas
Denton has strict laws regarding drunk driving. As a truck driver, operating a commercial vehicle while intoxicated or causing a traffic accident can cost you your job. If you are accused of both in one incident, it could not only end your driving career but also cost you your freedom. Our experienced Denton commercial DWI lawyer, Sanjay Biswas Attorney at Law has handled several commercial DWI cases and defended many drivers accused of DWI accidents. If you are charged with causing injury or death in a DWI accident in your capacity as a commercial driver, then get in touch with our law firm today.
What Is A Commercial Vehicle?
When most people think of commercial vehicles, they think primarily of motor coaches, 18-wheelers, and large box trucks. It must be noted that smaller and ordinary vehicles can also fall under the category of commercial vehicles if they are being used for the same purposes. Under Denton DWI law, the following vehicles are known to be commercial vehicles:
- Large trucks: A truck that weighs more than 6,000 pounds or is carrying a weight that is above 26,001 pounds.
- Smaller commercial vehicles: A school bus, double trailer, a tank vehicle, a passenger vehicle designed to move more than 8 passengers, and any vehicle that is used for transporting hazardous materials.
However, it must be kept in mind that farm vehicles and recreational vehicles are not known as commercial vehicles.
Commercial Vehicle DWI Under Denton Law
A commercial driver who has a BAC of more than .04 will be considered to be drunk under the law of Denton. Any commercial vehicle driver who is driving a vehicle with a BAC that is above .04 in Denton will have to face the same consequences as someone who has a BAC above .08.
“Commercial motor vehicle” can be defined as the vehicle/vehicles that are used to transport passengers or property. These motor vehicles may be transporting hazardous materials; they can be used for transporting more than sixteen passengers or even a combination of more than 26,001 pounds of weight.
Punishments For DWI In Denton
Even though being accused of DWI can cause commercial drivers to face a lot of serious consequences and put their jobs at risk, there are still certain punishments that they will have to deal with. These include the first DWI conviction and the second DWI conviction. In the first DWI conviction, the CDL will be suspended for one year, whereas in the second DWI conviction the person will be disqualified to hold a CDL permanently. It is crucial to note that without a CDL, the driver’s job will be gone.
What Happens When You Refuse To Take A Breathalyzer Test?
It must be noted that commercial drivers’ consent must be taken regarding the breathalyzer test. In case any officer suspects that a commercial driver is drunk while driving just like all the other drivers, then they must be required to take a breathalyzer test.
If you refuse to take a breathalyzer test, which may be requested without a warrant, your CDL will automatically be suspended. According to a recent decision by the US Supreme Court, no driver will be charged with criminal punishment for refusing to take a blood test if the officer does not have a search warrant.
Contact A Denton Commercial DWI Attorney For Assistance
Commercial drivers have the right to appeal a CDL suspension. If you’ve been charged with a DWI, you need to get in touch with Denton commercial DWI lawyer, Sanjay Biswas Attorney at Law who will aggressively fight for your rights. Get in contact with us today to schedule a consultation with Sanjay Biswas as soon as possible.