Truck Driver DUI & DWI Accident Lawyer in Houston
An accident caused by an impaired commercial driver raises the stakes well beyond a typical trucking case. Commercial drivers operate under a stricter legal standard than passenger vehicle drivers, and when that standard is violated, both the driver and the trucking company that employed him or her may bear legal responsibility for what happened. Houston moves an enormous volume of commercial freight every day through corridors like I-10, I-45, and Highway 288, and that volume means impaired driving among commercial operators is a recurring, serious concern for anyone sharing the road with them. These cases require a careful look not just at what the driver did, but at what the trucking company knew and did to prevent it.
At Herrera PLLC, attorney Jonathan Herrera brings direct insight into how these cases are investigated and evaluated. Before practicing law, he spent over a decade as an insurance adjuster handling high-exposure commercial and trucking claims, including work through JH Claims LLC, a multi-state independent adjusting firm. He later practiced insurance defense at Rymer, Echols, and Nelson-Archer, giving him firsthand knowledge of how trucking companies and their insurers respond when a driver’s impairment is at issue.
Why Commercial Drivers Face a Stricter Legal Limit
Commercial truck drivers are held to a higher standard of sobriety than passenger vehicle drivers because of the size, weight, and risk a fully loaded commercial vehicle poses on the road. A driver operating under the influence of alcohol or drugs while behind the wheel of an 18-wheeler puts everyone sharing the road at significantly greater risk than an impaired driver in a passenger car, which is part of why federal regulations impose a lower threshold for commercial drivers than Texas’s general DWI laws.
Federal Regulations Governing Commercial Driver Sobriety
Commercial drivers are subject to federal rules that go beyond standard state DWI law, reflecting the added risk that impairment poses when operating a large commercial vehicle.
The 0.04 BAC Threshold
Commercial driver’s license (CDL) holders are held to a blood alcohol concentration (BAC) limit of 0.04, half the 0.08 limit that applies to non-commercial drivers. This means a commercial driver can be found in violation of federal trucking regulations at a BAC level that wouldn’t necessarily result in a standard DWI charge for a passenger vehicle driver. This lower threshold reflects the added risk a fully loaded commercial vehicle poses even at relatively low levels of impairment.
Post-Accident Drug and Alcohol Testing Requirements
Federal regulation 49 CFR § 382.303 requires trucking companies to test a driver for drugs and alcohol after certain types of accidents. Testing is generally required in three situations:
- The accident results in a fatality, regardless of whether a citation is issued
- The driver receives a citation for a moving violation and someone was injured seriously enough to require medical treatment away from the scene
- The driver receives a citation and a vehicle had to be towed from the scene
Alcohol testing must generally happen within two hours of the accident, and drug testing must occur within 32 hours. If no citation was issued at the scene, testing may not have been automatically triggered, which is one reason an early investigation into exactly what happened, and what citations were issued, matters.
Evidence That Matters Beyond the Official Test Result
Even when a formal drug or alcohol test wasn’t performed, impairment can often still be established through other evidence collected close to the time of the crash. This can include statements from witnesses who observed the driver’s behavior, field sobriety observations made by responding officers, dashcam or nearby surveillance footage, the driver’s prior employment and disciplinary record, and statements the driver made at the scene. Because much of this evidence can be lost, overwritten, or forgotten quickly, requesting it early in the process is often one of the most important steps an attorney can take on a client’s behalf.
How a DUI Affects Liability in a Truck Accident Case
When a truck accident involves an impaired driver, that impairment is often a central piece of evidence in establishing fault. Depending on the facts, a driver’s BAC level, results of post-accident testing, and any citations issued at the scene can all factor into how liability is evaluated. An impaired driver’s conduct can also affect what type of damages may be available, since Texas law treats drunk driving accidents differently from standard negligence cases in some respects.
Trucking Company Liability for Hiring or Retaining an Impaired Driver
A trucking company’s responsibility doesn’t necessarily end with the driver. Depending on the facts, a company may face liability if it knew, or should have known, that a driver had a history of alcohol or drug-related violations and continued to employ that driver anyway. Investigating a trucking company’s hiring practices, driver qualification files, and prior safety history is often a key part of determining whether the company itself contributed to the accident.
Learn more about Jonathan Herrera’s background and experience, our truck accident practice, and our drunk driving accident page for cases involving passenger vehicles.
What Compensation Is Available
Depending on the facts of the case, Texas law may allow injured victims to pursue compensation for medical expenses, lost income, pain and suffering, physical impairment, property damage, and wrongful death damages in fatal cases. Texas law also allows for punitive damages in appropriate drunk driving cases, in addition to compensatory damages. In some cases involving passenger vehicles, this can extend to dram shop liability against an establishment that over-served a driver, and similar principles can apply when a commercial driver was served alcohol before getting behind the wheel. The specific damages available depend on the evidence and circumstances of each case, and an attorney can evaluate your situation to explain what may apply.
Contact Herrera PLLC
If you or a loved one was injured in an accident involving an impaired commercial truck driver in Houston or anywhere in the surrounding area, Herrera PLLC is available to review the details of your case. Jonathan Herrera personally investigates what happened, gives an honest assessment of your legal options, and handles every matter from beginning to end. While based in Houston, the firm represents clients throughout Texas, including the Rio Grande Valley, Dallas-Fort Worth, Austin, and San Antonio.
These cases are handled on a contingency fee basis, meaning there are no upfront attorney’s fees and no cost unless compensation is recovered. Consultations are free, confidential, and come with no obligation, and every case is prepared as though it may go before a jury. Contact Herrera PLLC or call 832-891-3210, email jherrera@jh-lawpllc.com, or complete the online contact form to get started.
Frequently Asked Questions
Commercial driver's license holders are held to a BAC limit of 0.04, which is half the 0.08 limit that applies to drivers of passenger vehicles. This stricter standard reflects the added risk of impairment behind the wheel of a large commercial vehicle.
Yes, under certain circumstances. Federal regulation 49 CFR § 382.303 requires testing after a fatal accident, or after an accident where the driver received a citation and someone was injured badly enough to need treatment away from the scene, or a vehicle had to be towed. Alcohol testing must generally occur within two hours and drug testing within 32 hours of the accident.
If the accident didn't meet one of the federal testing triggers, a test may not have been automatically required, even if impairment played a role. This doesn't mean impairment can't be proven. Witness accounts, dashcam footage, field sobriety observations, and the driver's prior record can all still be relevant. An attorney can help determine what evidence is available even without a formal post-accident test.
A driver's refusal to submit to a required post-accident test can itself carry regulatory and employment consequences for the driver and the trucking company. In a civil claim, a refusal can also be relevant evidence, since a jury may be permitted to consider what inference to draw from it. An attorney can evaluate how a refusal affects the specific facts of a case.
Yes. A civil injury claim is separate from any criminal DWI charge, and the standards of proof are different. Even if a driver wasn't criminally charged, or a charge is later reduced or dismissed, that doesn't prevent an injured person from pursuing compensation through a civil claim if the evidence supports it.
Depending on the facts, a trucking company may face liability if it knew, or reasonably should have known, about a driver's history of alcohol or drug-related violations and continued to employ that driver. An attorney can review a company's hiring and safety records to evaluate whether this applies to a specific case.