COMMERCIAL MOTOR VEHICLE

Dallas Criminal Lawyer

Dallas Criminal Lawyer | Fort Worth Criminal Lawyer 

Transportation 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 from driving a commercial motor vehicle for:

60 Days

  • Convicted of 2 serious traffic violations that occur with 3 year period, or
  • Convicted of 1 violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing120 Days, If:
  • Convicted of 3 serious traffic violations arising from separate incidents occurring within a 3 year period.
  • Convicted of 2 violations of a law that regulates the operation of a motor vehicle at a railroad crossing that occur within a 3 year period.

1 Year

  • Convicted of 3 violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a 3 year period.
  • On first conviction:
  • Driving  a motor vehicle under the influence of alcohol or a controlled substance, including DWI or intoxication assault.
  • Leaving the scene of an accident involving a motor vehicle driven by the person
  • Using a motor vehicle in the commission of a felony
  • Causing the death of another person through the negligent or criminal operation of a motor vehicle, or
  • Driving a commercial motor vehicle while the persons commercial drivers license is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle
  • Refuses to submit to a test to determine the person’s blood alcohol concentration or the presence in the persons body of a controlled substance or drug while operating a motor vehicle in a public place, or;
  • An analysis of the person’s blood, breath, or urine determines that the person
  • Had an alcohol concentration of 0.004 or more, or that a controlled substance or drug was present in the person’s body, while operating a commercial vehicle in a public place, or
  • Had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial vehicle, in a public place.

3 Years

  • Previously convicted of an offense requiring a 1 year suspension and the vehicle being operated by the person was transporting a hazardous material required to be placarded.
  • Refuses to submit to a test to determine the person’s blood 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.
  • An analysis of the person’s blood, breath, or urine determines that while transporting a hazardous material required to be placarded the person:
  • 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
  • While operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of 0.08 or more.
  • Convicted of 1 violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing.

Lifetime, If

  • Convicted 2 or more times of an offense requiring a 1 year suspension or a combination of those offenses arising from 2 or more separate incidents.
  • The person uses a motor vehicle in the commission of a felony involving:
  • The manufacture, distribution, or dispensing of a controlled substance, or
  • Possession with intent to manufacture, distribute, or dispense a controlled substance; or
  • For any combination of 2 or more of the following, arising from 2 or more separate incidents;
  • A conviction of the person for an offense requiring a 1 year suspension
  • For refusing to submit a test to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or a drug while operating a motor vehicle in a public place, and
  • An analysis of the person’s blood, breath, or urine determines that the person has:
  • 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
  • Had an alcohol concentration of 0.08 or more while operating a motor vehicle, other the a commercial motor vehicle, in a public place
  • If the person uses a motor vehicle in the commission of an offense that involves transportation, concealment, or harboring of an alien.