For most drivers, a DWI is a legal problem. For you, it is your livelihood.
A commercial driver arrested for DWI is facing something a regular driver is not. Federal law sets the consequences for your commercial license, Louisiana courts cannot soften them, and the deferred sentence that keeps a first offense off an ordinary driver’s record does not work the same way for you. Federal regulation specifically prohibits it.
That changes the entire strategy. For a CDL holder, the goal is not managing a conviction. It is avoiding one.
The Law Office of Heather C. Ford defends commercial drivers charged with DWI in New Orleans and across Louisiana.
Three reasons, and each one compounds the others.
Your limit is lower. While operating a commercial motor vehicle, the threshold is 0.04 percent, half the 0.08 percent that applies to everyone else. Two drinks can put a professional driver over a line that a regular driver clears comfortably.
Your personal vehicle counts. This is the part that blindsides people. A DWI conviction in your own car, on your own time, still triggers CDL disqualification under federal rules. There is no off-duty exemption.
The state cannot help you. Federal disqualification periods under 49 CFR 383.51 are floors, not suggestions. Louisiana has no authority to shorten them or waive them as a favor.
Federal law treats impaired driving as a major offense. The disqualification periods are:
The lookback for that lifetime consequence is unforgiving. There is no ten-year window like Louisiana uses for its own DWI counting. A conviction from decades ago can combine with a new one to end your commercial career permanently.
Refusing the chemical test does not protect you. For federal CDL purposes, a refusal is treated as a major offense, carrying the same disqualification as a conviction.
No, and this is the single most important thing to understand about your case.
Federal regulation 49 CFR 384.226 prohibits masking. States must not mask, defer imposition of judgment, or allow a CDL holder into a diversion program that would keep a conviction from appearing on the commercial driving record. That applies to violations in any type of vehicle, commercial or personal.
In practical terms, the tool that helps ordinary first offenders does not help you the same way. A Louisiana court can defer sentence under Code of Criminal Procedure article 894 for a regular driver and later set the conviction aside. For a CDL holder, that route cannot be used to hide the conviction from the commercial record. Federal law also defines conviction broadly, reaching guilty pleas, no contest pleas, bond forfeitures, and even payment of a fine.
Here is what the masking rule does not prohibit. It does not bar honest plea negotiation supported by the facts, and it does not bar an outright dismissal. If the evidence genuinely supports a different and lesser charge, that negotiation remains available. If the state’s case has a defect, dismissal remains available.
The difference is meaningful. A resolution that hides a DWI conviction is off the table. A resolution where there is no DWI conviction to begin with is not.
Timelines here are short, and they are separate from your court dates.
We routinely help drivers understand what they must report and when, because a missed notification can create a second problem on top of the first.
Federal rules govern your commercial privilege. Louisiana governs your underlying license, and that case has its own deadline.
Under Revised Statute 32:667, the officer seized your license at arrest and issued a temporary receipt. You have 30 days from the date of arrest to submit a written request for an administrative hearing with the Department of Public Safety and Corrections. Requesting it extends your temporary driving privileges until the administrative proceedings conclude.
Two things every commercial driver should know. First, you cannot hold a CDL while your base driver’s license is suspended or revoked, so the state case directly affects your commercial status. Second, an interlock-restricted license does not restore commercial driving privileges. Restricted driving and commercial driving are not the same thing.
The criminal case proceeds like any other DWI. A first offense under Revised Statute 14:98.1 carries a $300 to $1,000 fine and 10 days to 6 months in jail, with 48 hours unsuspendable or 32 hours of community service if probation is granted. Higher BAC readings raise the mandatory minimums and extend the suspension to two years.
So a commercial driver faces the state penalties every other driver faces, plus a federal disqualification the court has no power to prevent.
Getting back to work is not automatic, and drivers are often surprised by the steps involved.
This is the practical reason to fight the underlying charge rather than accept a disqualification and plan to wait it out. The federal clock is only part of the delay.
Because the acceptable outcomes are narrower, the defense has to be more aggressive from day one.
We examine:
Misdemeanor DWI charges in New Orleans are generally handled in the Municipal and Traffic Court of New Orleans on South Broad Street, prosecuted by the City Attorney when the charge is municipal. Felony DWI cases, third offense and above or cases involving serious injury, go to Orleans Parish Criminal District Court at 2700 Tulane Avenue.
Look at your charging document. A Louisiana Revised Statute citation means a state charge. A Municipal Code citation means a city charge. For a commercial driver, either one can reach your CDL.
Your CDL is not just a license. It is the reason you can pay your mortgage. A resolution that would be perfectly reasonable for another driver can be the wrong move for you, and by the time the federal consequence shows up, the plea is already entered.
If you hold a commercial license and were arrested for DWI in New Orleans, contact the Law Office of Heather C. Ford before your first court date. We will explain what your license is actually exposed to and what outcomes protect it.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
Yes. Federal rules disqualify a CDL holder for a DWI conviction in any vehicle, including your personal one.
0.04 percent while operating a commercial motor vehicle, half the general 0.08 percent limit.
No. Federal regulation 49 CFR 384.226 prohibits states from masking, deferring, or diverting to keep a CDL holder’s conviction off the commercial record.
One year for a first major offense, or three years if you were operating a placarded hazardous materials vehicle. A second major offense carries a lifetime disqualification.
No. A refusal is treated as a major offense for federal CDL purposes, with the same disqualification as a conviction.
A restricted or interlock license addresses personal driving. It does not restore commercial driving privileges.
