If I was charged with possession of marijuana while operating a commercial vehicle, will I lose my CDL?l

Asked on November 8, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the officer took your license when you were arrested or charged with the offense, then it would be a temporary suspension.  If the officer didn't take your license when you were arrested/charged, then suspension of your license is another potential consequence if you are convicted of the offense.  The main caveat is -- if you are convicted -- if you are not convicted, then no suspension will occur. 
Even if you were convicted, the suspension would be temporary.  However, your best bet is to either figure out a way to avoid the charge or minimize the effects of the charge.  You could do this by seeking a plea to a lesser charge (like possession of paraphernalia) or seeking a pre-trial diversion which enables you to obtain a conditional dismissal.  A conditional dismissal is where you do some of the same things anyone else would on a probation, except you are not on a formal probation, -- and at the conclusion, the charges would be dismissed if you complete all the required tasks.


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