For thousands of CDL holders in Texas, their license is their livelihood. It’s important to understand CDL laws, what offenses may impact a CDL and how to challenge allegations of wrongdoing. Our Texas traffic attorneys explain commercial driver’s license laws and offenses, how to challenge a ticket and how to protect your license.
Commercial Driver’s License Laws in Texas
What is the law for commercial driver’s licenses in Texas?
Texas Transportation Code Title 7, Vehicles and Traffic, Subtitle B, Driver’s Licenses and Personal Identification Cards, Chapter 522 Commercial Driver’s Licenses is the law for commercial driver’s licenses in the State of Texas. Additional laws come from the U.S. Motor Carrier Safety Act.
Is a CDL required in Texas?
Texas law § 522.011 says that a person may not drive a commercial motor vehicle in the state without a commercial license. The driver must:
- Have the license for the appropriate class of service. They may not be ordered out of service. OR
- Have a valid CDL permit, and drive accompanied by a CDL holder for teaching purposes, OR
- Possess a license in another jurisdiction that is recognized under Texas law 522.015.
Commercial vehicles are divided into classes and endorsements. The classes are based on the size of the vehicle and its function. The purpose of the classifications is to ensure appropriate training and oversight to promote safety and minimize hazards on the roads.
How do you get a CDL in Texas?
To get a CDL in Texas, you must:
- Be at least 18 years old (21 to drive interstate)
- Pass a written test
- Have the permit for at least 14 days
- Pass a skills exam consisting of a vehicle inspection, brake inspection and road exam
- Pay a fee
- Submit a thumbprint
- Take a photo
- Pass a vision exam
Texas law § 522.021 creates an application process for CDL licensing. The applicant must provide complete contact information, a physical description and their date of birth. Additional documentation may be required if the applicant is domiciled in a foreign jurisdiction including proof of residency. An applicant must sign the application and take an oath. § 522.022 prohibits the state from issuing a CDL unless the applicant satisfies the requirements and passes the knowledge and skills tests, meeting all state and federal standards for licensing.
What is the penalty for commercial driving without a CDL in Texas?
The penalty for commercial driving without a CDL in Texas is:
- A misdemeanor conviction
- Fine of up to $500
- Enhanced fine of up to $1,000 for a prior conviction within one year
It is a defense to a charge to produce a CDL that was valid at the time of driving.
Commercial Driver’s Licenses and Drunk Driving in Texas
What is drunk driving with a CDL in Texas?
In Texas, the legal limit for drunk driving for CDL holders is .04% BAC. It is a Class B misdemeanor punishable by up to 180-days in jail and a fine of up to $2,000. The driver also loses their CDL for one year. The Federal Motor Carrier Safety Administration establishes .04% BAC as the legal limit for drunk driving for all commercial motor vehicle operators in Texas and throughout the United States.
How long do you lose your CDL in Texas for drunk driving?
You lose your CDL for one year in Texas if you are guilty of drunk driving. If the offense occurs while you were transporting hazardous materials, the suspension lasts three years. A second or subsequent conviction results in a loss of a CDL for life.
If you fail the chemical test at the arrest, you receive a 41-day temporary license. The temporary license allows you to continue driving commercial vehicles. While you have a temporary license, you may request a hearing to disprove the elements of the offense and challenge the CDL suspension.
Commercial Driver License (CDL) Disqualification and Suspension
Texas uses a point system to track motor vehicle violations and suspend high-risk drivers. There is a different, tougher, monitoring system for drivers who have a CDL. Even a first offense can result in a significant period of suspension.
What disqualifies from CDL in Texas?
The following offenses disqualify from CDL in Texas:
Alcohol-related offenses
One year for a first offense, lifetime for a second offense; three years for a first offense that involves hazardous materials
Commission of a felony
One year for a first offense, lifetime for a second offense; three years for a first offense that involves hazardous materials, lifetime if the felony involves use of a motor vehicle
Leaving the scene of an accident
One year for a first offense, lifetime for a second offense; three years for a first offense that involves hazardous materials
Two serious traffic offenses in three years
60 Days
Three serious traffic offenses in three years
120 Days
Railroad crossing violations
60 days for a first offense, 120 days for a second offense in three years, one year or more for a third offense in three years
(See Texas Transportation Code § 522.081)
If you have a CDL, do you have to tell your employer about traffic violations?
If you have a CDL, you have 30 days to tell your employer about a traffic violation. The 30 days runs from the date of the conviction. The only exception is for minor parking violations. You must also tell your employer if your license is suspended, revoked or canceled. In that case, you must tell your driver by the end of the next day following the licensing action.
An employer may not allow a person to drive when they are disqualified.
How do I get a speeding ticket dismissed with a CDL in Texas?
To get a speeding ticket dismissed with a CDL in Texas, you must contest the ticket. You have a right to have the case heard in court. The state must prove the elements against you. Although there may be some unique factual issues or questions that arise because of the CDL or the use of a commercial vehicle, in general, the court proceedings are the same as they are for all other drivers. You have the right to a trial and the assistance of an attorney.
Can you contest losing your CDL in Texas?
Yes, you can contest losing your CDL in Texas by requesting a hearing. You have 20 days to make the request. The state schedules a hearing in your county. The purpose of the hearing is to determine whether suspension of your CDL is valid based on the grounds for disqualification.
Masking for Commercial Driver’s License Traffic Violations
What is masking for a CDL traffic violation?
Masking for a CDL traffic violation is any act that prevents a conviction from appearing on the offender’s driving history. Under the U.S. Motor Carrier Safety Act, local governments cannot take any action that prevents a conviction for a traffic offense from appearing on a person’s commercial driving record. See 49 C.F.R. 384.226. The court may not allow for a deferred disposition or allow the driver to avoid a conviction by taking a driver’s safety course.
As a commercial driver, it’s important to understand what anti-masking laws prohibit and what is still allowed. If the driver is not convicted of the offense, no masking has taken place. Simply being charged is not the same as a conviction. In addition, it is okay for a CDL holder to plea bargain. The court can reduce the charge and find the driver guilty of a lesser offense, and a conviction can be overturned later, all without violating anti-masking laws.
It is once the judgment is final that the court’s hands are tied. After the conviction has been determined, the court may not change the offense to a non-moving violation. They must report the conviction to the Texas Department of Public Safety.
Anti-masking laws require transparent and accurate records for commercial drivers in the State of Texas and throughout the United States. As a CDL holder, that makes it imperative to address any traffic tickets that you receive. It’s important to aggressively fight allegations of traffic violations and understand that the consequences of any conviction may be long-lasting for a commercial driver.
Fighting CDL Charges and Disqualification
What can I do if I’m accused of a CDL violation?
If you’re accused of a CDL violation, it’s important to take the matter seriously. Understand that you have a right to contest the allegations, and a charge alone is not a conviction. However, it is up to you to fight the charges and present a strong defense.
An experienced attorney can help you understand the charges against you, the possible ramifications of the charges and what you need to do fight back.
Know that time deadlines are short – your window to request certain hearings and exercise your rights is often just a number of days. Do not wait to contact an experienced attorney for help with your case.
Attorneys for CDL Violations and Suspensions
Are you facing a CDL violation? Is your CDL in jeopardy? Our Kubosh Law traffic ticket attorney team can help. Let us help you defend your CDL, protect your employment and your license. Our team handles simple and complex commercial driver’s licenses cases including drunk driving, traffic offenses and more. We work to create a solid defense strategy that keeps your best interests in mind.
Contact our attorneys today to get started.
