I got an MIP. I was asleep and not driving. I have a CDL. Is there any way that I do not have my license suspended?

Asked in Abilene, TX Last answered on October 28, 2026

2 answers

Lance Kennedy
Answered by:

Lance Kennedy

Austin, TX
Lance Kennedy Law 737-279-7616
Free Consultation
Answer

In Texas, a conviction for minor in possession of alcohol usually comes with a driver's license suspension, even if you were not driving. For a first offense the suspension is commonly 30 days, and it gets longer for repeat offenses. Being asleep and not behind the wheel does not change that, because the suspension follows the conviction, not the driving.

So the real question is whether there is a conviction at all. Many courts offer a deferred disposition on a first MIP. If you finish the conditions, such as an alcohol awareness class and community service, the case is dismissed and there is no conviction on that case. It also matters which court has the ticket and exactly what it says.

A commercial driver's license adds another layer. CDL holders are held to stricter rules than other drivers, and some outcomes that look small for a regular license can affect a CDL. If your job depends on it, it is worth having a lawyer check the rules for your exact license before you plead to anything.

October 28, 2026
Mark Thiessen
Answered by:

Mark Thiessen

Houston, TX
Thiessen Law Firm 713-766-9129
Virtual Appointments
Free Consultation
Answer

MIP is a class C ticket.  fight the ticket.  either get it dismissed or take deferred adjudication.  But an MIP should not have any driving issues and should not suspend a CDL anyways.  

October 26, 2026

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