Commercial Driver DWI

Commercial drivers in Montgomery County live under a different set of rules when it comes to alcohol, traffic stops, and DWI charges. A single Commercial Driver DWI arrest anywhere in Texas can put your license, your livelihood, and your entire future at risk. For CDL holders, this is not just another traffic case. It is a potential career ender. 

Attorney Andrea M. Kolski and her team at Nonstopjustice PLLC focus on aggressive criminal defense for drivers who have everything to lose. With more than 25 years of criminal law experience, including years as a Harris County prosecutor, Andrea has earned a reputation as a relentless “pit bull in the courtroom” and a respected leader in the Montgomery County legal community. Her goal in every case is clear: dismissal whenever possible, or results that are truly in the best interests of her client. 

If you are a commercial driver charged with DWI in Montgomery County, you need focused, experienced, and strategic representation from a lawyer who understands both Texas DWI law and the unique stakes for CDL holders. 

Why Commercial Drivers Face Higher Stakes 

For most drivers, a DWI is serious. For a professional driver, it can be catastrophic. 

A Commercial Driver DWI can trigger: 

• Immediate CDL disqualification or suspension 
• Automatic employer discipline or termination under company policies 
• Loss of future job opportunities in trucking, oil and gas, construction, delivery, rideshare, and other drivingdependent fields 
• Long term impact on insurance and professional licensing 

Unlike a standard driver, a CDL holder is heavily regulated by both Texas law and federal regulations. The legal limit and the penalties are harsher. Even a first offense can trigger a one year disqualification of your CDL under federal and state rules. A second can lead to a lifetime bar from commercial driving in many cases. 

In Montgomery County, where driving commercial vehicles is a backbone of the local economy, that can mean losing the ability to support your family or keep your business alive. 

Why You Should Not Face a CDL DWI with a Public Defender 

Public defenders and court appointed lawyers play a critical role in the justice system. The reality is that they are often overloaded, under resourced, and given very limited time for each case. For a CDL holder facing life changing consequences, those limits can be dangerous. 

National research consistently shows that privately retained defense attorneys tend to secure more favorable outcomes on average than overburdened appointed counsel. Studies by entities such as the RAND Corporation and various state level analyses have found: 

• Defendants with private counsel are less likely to be convicted than those with appointed counsel. 
• When convictions occur, privately represented defendants are more likely to receive reduced charges or less severe sentences. 

These studies are typically based on general criminal caseloads, not just DWI, but the pattern is clear. When your lawyer has the time, resources, and experience to fully investigate and fight, your chances improve. 

For a commercial driver, that difference can be the line between: 

• A negotiated outcome that preserves your CDL or avoids a DWI conviction on your record, and 
• A quick plea that costs you your career, simply to clear another file from an overloaded docket. 

Private representation with a seasoned DWI defense lawyer is not a luxury for a commercial driver. It is an investment in your ability to keep working. 

Andrea M. Kolski: 25 Years of Criminal Law and DWI Experience 

Andrea M. Kolski has been practicing criminal law in Texas for more than 25 years. Her career includes: 

• Service as a Harris County prosecutor, where she learned from the inside how the state builds and prosecutes DWI cases 
• Decades of criminal defense practice in Montgomery County and surrounding areas 
• Leadership as a former president of the Montgomery County Criminal Defense Lawyers Association 
• A hard earned reputation among clients and peers as a “pit bull in the courtroom” 

This combination of prosecution and defense experience is especially valuable in Commercial Driver DWI cases. Andrea understands: 

• How officers are trained to investigate DWI 
• Weak points in field sobriety testing and breath or blood analysis 
• The internal pressures prosecutors face and how they evaluate and negotiate cases 

That insight allows her to anticipate the State’s strategy and attack their case at every stage, from the traffic stop through trial. 

Texas Commercial Driver DWI Laws 

Texas treats commercial drivers differently under both state and federal law. Key points include: 

Lower Legal Limit for CDL Holders 

Under Texas Transportation Code §522.081 and related provisions, the standard for a CDL holder operating a commercial motor vehicle is lower than for a typical driver. Federal regulations and Texas law both recognize 0.04 as the per se intoxication level while driving a commercial vehicle. For non-commercial drivers in Texas, the typical per se limit is 0.08. 

This means a commercial driver can face a DWI related disqualification at a blood alcohol concentration that would not trigger a standard DWI for a passenger vehicle driver. 

Texas DWI Statute 

The basic Texas DWI law is found in Texas Penal Code §49.04. A person commits DWI if they are intoxicated while operating a motor vehicle in a public place. Intoxicated is defined in Texas Penal Code §49.01 as either: 

• Not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination of substances, or 
• Having an alcohol concentration of 0.08 or more 

For CDL holders, both the general DWI statute and the commercial disqualification provisions can apply, often resulting in harsher licensing consequences on top of criminal penalties. 

CDL Disqualification and Administrative Consequences 

Texas Transportation Code §522.081 addresses disqualification of commercial drivers. Reasons for disqualification under that statute and related provisions can include: 

• DWI convictions 
• Refusing a chemical test 
• Having an alcohol concentration of 0.04 or more while operating a commercial motor vehicle 

Federal Motor Carrier Safety Regulations also impose minimum disqualification periods, which Texas follows. A single DWI can trigger a one year disqualification, longer if the offense involves hazardous materials. A second serious DWI related offense can result in a lifetime ban, with only limited possibilities for reinstatement in some cases. 

In addition to criminal court, you will likely face an administrative license revocation (ALR) process. Failure to act quickly can cause you to miss deadlines to contest that suspension. 

Criminal Penalties and CDL Consequences 

Depending on your case and criminal history, a Texas DWI can involve: 

• Jail time 
• Fines and court costs 
• Probation and strict supervision conditions 
• Alcohol education programs or treatment requirements 
• Installation of an ignition interlock device 
• Driver license suspension 

For CDL holders, these penalties are only part of the problem. The collateral damage to your license and career can be worse than the criminal sentence itself. 

A conviction or even certain types of deferred resolutions can: 

• Trigger CDL disqualification under state and federal rules 
• Cause your current employer to terminate you under internal safety policies 
• Make it extremely difficult to gain employment with reputable carriers who run strict background checks 

A routine guilty plea without analyzing commercial consequences can turn into permanent job loss. 

Consequences of a Commercial Driver DWI Conviction  

The damage of a Commercial Driver DWI in Texas is rarely limited to court dates and fines. It follows you into nearly every part of your life, including: 

• Employment: Most transportation and logistics companies conduct thorough background checks. A DWI record can disqualify you from driving positions, supervisory roles, and sometimes non-driving jobs in safety sensitive industries. 

• Housing: Landlords and property managers frequently run criminal history reports. A DWI conviction, especially one linked to a commercial license, can cause applications to be denied or require larger deposits. 

• Professional Reputation: In industries such as oil and gas, construction, commercial transport, and delivery services, word travels fast. A criminal record can affect future promotions, contract opportunities, and your standing as a reliable professional. 

• Insurance and Financial Strain: High risk insurance rates, loss of income, and unpaid bills can create serious long term financial hardship. 

• Family and Personal Stress: The uncertainty, stigma, and disruption to your work schedule can strain relationships and mental health. 

For many CDL holders, the real fear is not just court. It is the risk that one mistake or one questionable traffic stop will erase years of hard work and experience. 

Experience in Montgomery County DWI Courts 

Montgomery County is known for prosecuting DWI cases to the fullest extent of the law. Prosecutors, judges, and law enforcement treat impaired driving seriously, and commercial drivers can find themselves under a microscope. 

In this environment, the an experienced lawyer can make a decisive difference. An experienced Commercial Driver DWI attorney like Andrea Kolski can: 

• Examine every detail of your traffic stop and arrest to identify constitutional or procedural violations 
• Challenge the validity and administration of field sobriety tests that may be unreliable or improperly conducted 
• Scrutinize breath and blood test results for errors in collection, storage, or analysis 
• Present your professional driving history and livelihood in a compelling light during negotiations or sentencing 
• Strategically pursue dismissal, reduction of charges, or resolutions that minimize or avoid CDL disqualification when possible 

Andrea’s goal is always to aim for dismissal first. If that is not realistic, she works to secure the outcome that best protects your freedom, your license, and your long-term future. 

Let A Winning Lawyer Take the Wheel 

Facing a Commercial Driver DWI charge is overwhelming. You may worry about how to support your family, whether you will ever drive commercially again, and how quickly this case might spiral out of control. 

Andrea M. Kolski and the team at Nonstopjustice PLLC can help you get back on track.  Here’s a glance at what to expect: 

• You get a clear explanation of your charges, the evidence, and your options. 
• Less stress with an experienced advocate handling deadlines, hearings, and important negotiations. 
• A defense strategy built around you as a CDL holder, not just another driver. 

Andrea understands the pressure you face and alleviates that anxiety with transparency and a firm grasp of the law. She knows that the best antidote to fear and uncertainty is an informed client along with a focused, prepared defense. 

Andrea Kolski: Exceptional Skills, Outstanding Results 

Andrea Kolski has earned a reputation for unmatched legal knowledge and tenacity in and outside the courtroom.  When it comes to Commercial Driver DWI defense, no one fights harder.  Here’s what sets Andrea apart from the rest  : 

• 25+ years in criminal law: Few lawyers bring this depth of experience to the table. Andrea has been immersed in Texas DWI law, science, and local practices over two decades and employs the most effective strategies for today’s courts. 

• Former Harris County prosecutor: For six years, Andrea was on the other side helping the State build DWI cases.  Her insight can turn the odds in your favor. 

• Respected by her legal peers: Andrea was elected president of the Montgomery County Criminal Defense Lawyers Association, proof of the respect she has gained from her peers in the legal defense community.   

• “Pit bull in the courtroom”: The nickname earned by Andrea’s relentless pursuit of her client’s best interest.   

• Local insight and reputation: Two decades of successful practice in Montgomery County means Andrea is a familiar face to Montogomery judges, prosecutors, and court procedures.  No one knows the ins and outs of the Montgomery County legal system better than Andrea Kolski. 

This combination of experience, reputation, and grit gives commercial drivers their best chance to avoid the harshest consequences of a DWI charge. 

Act Now to Protect Your CDL and Your Future 

If you or a loved one are facing commercial driver DWI charges in Montgomery County, the time to act is now. The laws are stacked against CDL holders, and the system moves quickly. 

Andrea M. Kolski and the team at Nonstopjustice PLLC are ready to step up and fight like a pitbull to protect your career and your livelihood.  You’ll breathe a little easier knowing you’ve got one of Montgomery County’s best DWI defense lawyers on your side.  

Contact us today to review your Commercial Driver DWI case and learn how Andrea Kolski can help you protect your CDL, your career, and your future.