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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.