Transportation Code · §522.103

CDL

Q: A Texas Commercial Driver License (CDL) holder operating a commercial motor vehicle is considered intoxicated for DWI purposes when his BAC is:

0.04 or higher CDL drivers operating a CMV are subject to a 0.04 BAC limit (vs. 0.08 for non-CMV). A first violation results in disqualification.

CDL is covered under §522.103 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: CDL holder operating a CMV; BAC 0.04 or more; Disqualification triggered.

Elements you must prove

CDL holder operating a CMV
BAC 0.04 or more
Disqualification triggered

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Worked examples

Worked example 1

A Texas Commercial Driver License (CDL) holder operating a commercial motor vehicle is considered intoxicated for DWI purposes when his BAC is:

0.08 or higher
0.04 or higher Correct
0.02 or higher
Any detectable amount

Why: CDL drivers operating a CMV are subject to a 0.04 BAC limit (vs. 0.08 for non-CMV). A first violation results in disqualification.

Statute: Tex. Transp. Code §522.103; 49 CFR §383.51

Statutory definitions for this topic

Alcohol concentration / BAC Tex. Penal Code §49.01(1); Tex. Transp. Code §522.103: (A) Number of grams of alcohol per 100 mL of blood; (B) per 210 L of breath; or (C) per 67 mL of urine. The 'per se' DWI threshold is 0.08; 0.04 for operators of commercial motor vehicles.
Commercial Driver License (CDL) Tex. Transp. Code §522.103: License required to operate a commercial motor vehicle. CDL holders operating a CMV have a per-se BAC threshold of 0.04 (vs. 0.08 for non-CMV).