News

Operating a motor vehicle under the influence of alcohol is illegal under Arizona Statute 28-1381. The penalties for even a first-time offender can include a suspension of a driver’s license for up to a year. While the operation of any motor vehicle under the influence of drugs or alcohol can cause serious harm to others on the roadway, the results can be catastrophic when a driver of a large commercial vehicle makes the decision to drive after drinking alcohol. Learn more about how a DUI will impact your commercial driver’s license below.

Arizona DUI Laws for Commerical Drivers

The blood alcohol concentration (BAC) legal limit for drivers in the state of Arizona is 0.08% for passenger vehicles. Anything above that amount will be considered to be intoxication and a driver may be arrested and charged with a DUI. However, drivers that operate large commercial vehicles with commercial driver’s licenses (CDL) have a lower threshold as it relates to BAC. In Arizona, according to the Arizona Department of Transportation, any driver with a CDL that is driving a tractor-trailer, 18-wheeler, or another kind of large commercial truck has a limit of 0.04% for their BAC to be arrested and charged with a DUI.

The United States Department of Transportation indicates that large commercial vehicles can weigh up to 80,000 pounds. With so much force and weight, accidents involving large trucks can cause substantial injuries and fatalities on the roadways. As a result, the standards regarding DUIs remain much stricter than those of drivers of passenger vehicles.

DUI Penalties for Drivers with CDLs

A driver with a CDL will receive a one-year suspension of their CDL license if they receive a DUI charge, even if they were operating a passenger vehicle at the time of the DUI stop and arrest. It is important to note that these laws apply to all levels of CDLs (Classes A, B, and C). Because the state of Arizona takes DUI charges so seriously, they want to ensure the safety and protection of other drivers and motorists on the roadway. However, there are specific conditions that apply to drivers with CDL that do not apply to passenger motorists.

DUI Charge vs. Administrative Proceeding

A conviction of a DUI does not necessarily mean that a driver receives a conviction in a court of law (although that is a possibility). A DUI charge can also mean that an administrative proceeding occurred in which the driver charged with a DUI was operating a non-commercial vehicle with a BAC above the 0.08% limit and received an admin per se suspension of their CDL.

Every driver has the legal right to request an administrative hearing in the state of Arizona before the suspension of their CDL goes into effect. While the suspension of a CDL is mandatory, it takes 15 days from the date of the DUI for the suspension to actually go into effect. Therefore, a driver with a CDL should immediately request a hearing with the Arizona Department of Motor Vehicles within those 15 days. This hearing is called an “Admin Per Se” hearing and the Executive Hearing Office of the Arizona Department of Transportation will hear a driver’s case directly. As a driver waits for their hearing regarding their DUI charge with the Admin Per Se, there will be a temporary stay on the suspension or revocation of their CDL. The Admin Per Se hearing typically does not occur for several months after scheduling, allowing a driver to continue to operate their personal vehicle or a commercial vehicle during this period of time.

Challenges with Administrative Proceedings in the State of Arizona

Unfortunately, an administrative hearing may not completely resolve the issues regarding a DUI charge. If a driver goes through an Admin Per Se hearing and receives a DUI charge, but eventually receives a charge of not guilty for their DUI in a court of law, they will still have their CDL appear as if it is revoked (disqualified) for an entire year. Essentially, the driving record will show that the driver has received a year disqualification, even though this is not entirely true. The record-keeping practices in the state of Arizona simply do not address this loophole, which can cause serious issues for any commercial driver, especially as they drive out of state where police officers can not have any kind of access to Arizona records. Additionally, this poses a serious problem regarding insurance coverage, as insurance companies may view this as a revocation of a CDL, even though it is not true. Consider visiting with an experienced defense attorney if you make the decision to go through the administrative proceeding in the state of Arizona, as any conviction can result in the misapplication of disqualification of your CDL even if you eventually receive a not guilty verdict or a reduced charge in a court of law at a later time.

Prior DUI Convictions and CDLs

If a driver that has received a prior DUI conviction in a passenger vehicle scenario before they ever obtained a CDL, and then receives another DUI while carrying a CDL, they will then receive a 10 year CDL suspension, which is considered a disqualification for life. This will occur even if the second DUI conviction occurred as a driver of a passenger vehicle and not as a driver of a commercial vehicle.

Other Disqualifications for Life

While receiving a DUI with a CDL with a prior conviction of a DUI will disqualify a driver from having a CDL for life, there are other circumstances under which a CDL may also receive a disqualification for life. If a CDL holder had any of these instances in his or her past it may result in the disqualification of a CDL for life as well.

• Refusing to take a chemical test after being stopped and arrested for suspicion of DUI in the state of Arizona
• Leaving the scene of an accident as a driver of a motor vehicle
• Operating or using a motor vehicle in the commission of a felony
• Operating a commercial vehicle after the revocation of a CDL
• Operating a commercial vehicle in a negligent manner resulting in a fatality

Defenses for DUI Charges

If you experienced an arrest and charge of a DUI and carry a CDL, you have unique concerns regarding your legal rights. It is critical to understand that not every DUI results in a conviction or that any of the above-mentioned penalties will apply. The facts and circumstances of every DUI stop, arrest, and charge are different. In some cases, a driver will have the ability to reduce their DUI charge to a Reckless Driving charge, as indicated in Arizona Statute 28-693. A charge of Reckless Driving is much less serious and there is no mandatory disqualification and revocation or a CDL. If you have a CDL it is likely that your ability to earn a living rests with the ability to keep your CDL active. Without a CDL, you will not have the ability to operate any commercial vehicles legally in the United States. Therefore, if you are a driver that is in danger of receiving a revocation or disqualification of your CDL, you should consider your legal options related to reducing your DUI charge to a Reckless Driving charge.