Short answer: a CDL DUI in Arizona puts your livelihood at risk in ways an ordinary DUI does not. In a commercial vehicle, the alcohol limit is 0.04, half the usual 0.08. And under A.R.S. § 28-3312, a commercial driver is disqualified from driving a commercial vehicle for at least one year for a first DUI in a commercial vehicle, for refusing a DUI test, and for a DUI conviction in a personal vehicle. It is three years if you were hauling placarded hazardous materials, and a second qualifying offense from a separate incident means disqualification for life, subject to a possible reduction under state rules.
Act inside the MVD window. Under the current text of A.R.S. § 28-1385 and § 28-1321, the MVD must receive your hearing request within 30 days after the date of the notice; if your notice shows a shorter date, go by the shorter one. Sending a form or making a call does not stop or pause any deadline.
LEGAL ADVERTISEMENT: This site is an independent referral service operated by Wilder West Assets LLC, not a law firm. We connect people facing DUI charges and license actions in Coconino County with independent licensed Arizona attorneys. Nothing on this page is legal advice.
The 0.04 rule
Arizona’s DUI statute, A.R.S. § 28-1381(A)(4), makes it a DUI to drive or be in actual physical control of a commercial motor vehicle that requires a CDL with an alcohol concentration of 0.04 or more. The same 0.04 limit applies to vehicles for hire and to rideshare drivers while providing rides, under § 28-1381(A)(5). In your personal vehicle, the ordinary 0.08 per se limit applies, but you can still be charged with impairment to the slightest degree at any level.
The administrative suspension statute uses the same thresholds. A test of 0.04 or more in a commercial vehicle supports an MVD suspension under § 28-1385, and the refusal statute warns drivers of the 0.04 standard for commercial vehicles.
Disqualification is separate from suspension
A CDL holder can face two different license consequences:
- A suspension of your driving privilege, for example the 90-day admin per se suspension or a 12-month refusal suspension, which affects all driving.
- A disqualification from commercial driving under § 28-3312, which keeps you out of commercial vehicles even after your regular driving privilege is restored.
What triggers a CDL disqualification in Arizona
| Event | Disqualification | Source |
|---|---|---|
| Refusing a test under the implied consent law | At least 1 year | § 28-3312(A)(1)(a) |
| First conviction for DUI in a commercial vehicle, including 0.04 or more | At least 1 year | § 28-3312(A)(1)(b)(i) |
| First conviction for a DUI while operating a noncommercial vehicle | At least 1 year | § 28-3312(A)(1)(b)(iv) |
| Any of the above while hauling placarded hazardous materials | At least 3 years | § 28-3312(A)(2) |
| Two or more of these offenses from separate incidents | Life (rules may allow reduction to at least 10 years) | § 28-3312(A)(3), (H) |
Two points stand out. First, refusal alone triggers a disqualification, even without a DUI conviction. Second, an off-duty DUI in your own pickup counts. Under Arizona law, disqualification begins ten days after MVD receives the report of conviction or finding.
Your regular license and your CDL at the same time
A single arrest can set off several license actions at once. After a failed test, the admin per se suspension under § 28-1385 affects all driving for at least 90 days, or 30 days plus 60 restricted days if you qualify. After a refusal, the suspension under § 28-1321 is 12 months. Some drivers can drive a personal vehicle on a special ignition interlock restricted license during part of a suspension, but that does not authorize commercial driving while a CDL disqualification is in effect. Plan for the possibility of being out of a commercial vehicle for the full disqualification period, and talk with a lawyer about how the timing of each action lines up.
If you drive for a rideshare company or a vehicle-for-hire service rather than holding a CDL, the 0.04 limit still applies while you are providing rides, under § 28-1381(A)(5). The CDL disqualification table above applies to CDL holders.
Why Flagstaff matters for commercial drivers
Flagstaff sits on I-40, a major east-west freight corridor, and at the north end of I-17 down to Phoenix. Long-haul drivers, local delivery drivers and drivers for for-hire and rideshare services all work these roads. A stop by the Arizona Department of Public Safety on the interstate, or by Flagstaff Police in town, is handled under the same statutes described here.
A set-aside does not erase the disqualification
Arizona allows a conviction to be set aside after a sentence is completed under A.R.S. § 13-905, and that can help with jobs and licensing. But the statute expressly keeps in place penalties imposed by the Department of Transportation under listed sections, including § 28-3312. A set-aside conviction can also still be used by the department as if it had not been set aside for those purposes. Do not plan a career around a set-aside undoing a CDL disqualification.
Defending a CDL DUI
Because the stakes include your job, the defense matters early. Lawyers look at:
- whether the stop and arrest were lawful,
- whether a breath or blood test was done properly and accurately reflects the alcohol level at the time of driving,
- whether the vehicle was a commercial motor vehicle requiring a CDL, which decides whether the 0.04 standard applies,
- whether a claimed refusal was actually a refusal, and whether the warning was given properly, and
- what plea options exist and how each would affect your CDL.
Our guide to refusing a breath or blood test covers the refusal hearing, and our license suspension guide covers the admin per se hearing.
What to do this week
- Find your MVD notice and note the hearing request deadline.
- Find your court date and court. See the Flagstaff DUI court process.
- Write down the details: which vehicle, whether you were on duty, what tests were offered and what you said.
- Collect paperwork: citation, test results, temporary permit, and any company drug and alcohol policy.
- Get advice before talking to your employer about the details. Your employer may have reporting rules; a lawyer can help you meet them without saying more than you need to.
- Do not accept a plea without knowing what it does to your CDL.
Higher-level charges
An extreme DUI (0.15 or more) or an aggravated DUI carries heavier penalties in addition to the CDL consequences. See extreme DUI and aggravated DUI. If you were hurt by a commercial truck rather than charged, see our I-17 truck crash guide.
Frequently asked questions
What is the legal limit for CDL drivers in Arizona?
In a commercial motor vehicle that requires a CDL, it is a DUI to have an alcohol concentration of 0.04 or more under A.R.S. 28-1381(A)(4). In a personal vehicle, the 0.08 per se limit applies, and impairment to the slightest degree is a DUI at any level.
Will a DUI in my personal car affect my CDL?
Yes. A.R.S. 28-3312 disqualifies a CDL holder from commercial driving for at least one year for a first DUI conviction while operating a noncommercial vehicle.
Does refusing a breath test disqualify my CDL?
Yes. Refusing a test under Arizona’s implied consent law disqualifies a CDL holder for at least one year under A.R.S. 28-3312, even without a DUI conviction.
Can a second DUI mean a lifetime CDL ban?
Yes. Two or more qualifying offenses from separate incidents mean disqualification for life under A.R.S. 28-3312, though state rules may allow a reduction to at least 10 years in some cases.
Will setting aside my DUI conviction restore my CDL?
No. A.R.S. 13-905 keeps in place penalties imposed by the Department of Transportation under listed sections, including the CDL disqualification statute.
When does a CDL disqualification start?
Under A.R.S. 28-3312, a disqualification begins ten days after the department receives the report of conviction or finding of responsibility, with limited exceptions.
Related guides
Your CDL on the line? Free and confidential
Know how every option affects your commercial license. We’ll connect you with an independent licensed Arizona attorney who handles DUI cases in Coconino County.
Sources & Corrections
Primary sources checked for this page on October 18, 2026:
- A.R.S. § 28-3312, Commercial driver license disqualification
- A.R.S. § 28-1381, DUI including the 0.04 commercial limit
- A.R.S. § 28-1385, Administrative suspension
- A.R.S. § 28-1321, Implied consent and refusal
- A.R.S. § 13-905, Setting aside a conviction
Federal motor carrier rules also govern CDL holders and were not separately checked for this page.
See an error on this page? Email corrections@flagstaffazattorney.com. Corrections are reviewed and logged. Our corrections policy.
Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.