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The Molina Law Group PLLC

Implications of a DUI with a Commercial Driver’s License in Phoenix

  • Published: July 18, 2024

In the bustling streets of Phoenix, commercial drivers are the lifeblood of our economy, keeping goods flowing and businesses running. If you are one of these essential workers, you should be aware that the consequences of a single misstep can be devastating. A DUI conviction can mean the difference between a thriving career and losing your job.

As a commercial driver, your livelihood depends on your ability to operate a vehicle safely and responsibly. A DUI conviction can have severe consequences, including the suspension or revocation of your CDL. You may also face more stringent penalties and regulations than a typical DUI case. As a result, if you are a commercial driver who is facing DUI charges, you should call a Phoenix DUI defense lawyer immediately.

Understanding DUI Laws for Commercial Drivers

As a CDL holder, you are expected to maintain a higher level of responsibility and safety on the road. This means that the legal limit for blood alcohol concentration (BAC) is significantly lower for commercial drivers compared to non-commercial drivers.

While the legal limit for non-commercial drivers in Arizona is 0.08 percent BAC, for commercial drivers, it is only 0.04 percent BAC. This lower threshold reflects the higher standard of care expected from commercial drivers due to the potential dangers associated with operating large commercial vehicles.

Immediate Consequences of a DUI on CDL Holders

Automatic Disqualification Period

In Phoenix, a DUI conviction results in an automatic disqualification from driving commercial vehicles for at least one year. This applies under both federal and state law. For first-time offenders, the standard disqualification is one year. However, a second DUI can lead to a lifetime disqualification, with possible reinstatement after ten years under certain conditions. These long disqualification periods make it challenging to maintain a career in commercial driving. Employers are often reluctant to hire drivers who cannot work for extended periods.

Impact on Driving Records and Future Employment Prospects

A DUI conviction stays on your driving record in Phoenix for seven years, affecting your future job prospects. The conviction will be visible to potential employers during background checks, especially in the commercial driving industry, where thorough checks are standard. Even if employed, you may face limitations, such as less desirable routes or additional monitoring, impacting your career in the long term.

DUI Penalties in Arizona

A Simple DUI

Offense TypeJail TimeFine AmountLicense StatusAdditional Requirements
First OffenseNot less than 10 consecutive daysNot less than $1,250
  • Alcohol screening/education/treatment
  • Certified ignition interlock device installation
  • Community service
Second and Subsequent OffensesNot less than 90 daysNot less than $3,000Revoked for 12 months
  • Alcohol screening/education/treatment
  • Certified ignition interlock device installation
  • Community service

Extreme DUI (Applies to a BAC of 0.15 or higher)

Offense TypeJail TimeFine AmountLicense StatusAdditional Requirements
First OffenseNot less than 30 consecutive daysNot less than $2,500
  • Alcohol screening/education/treatment
  • Certified ignition interlock device installation
  • Community service
Second and Subsequent OffensesNot less than 120 daysNot less than $3,250Revoked for 12 months
  • Alcohol screening/education/treatment
  • Certified ignition interlock device installation
  • Community service

Aggravated DUI

Aggravated DUIs apply to those driving with a suspended, revoked, or canceled license, with a third DUI in 84 months, with a person under 15 in the vehicle, or under an ignition interlock device requirement.

Penalties include:

  • Prison for not more than 2 years
  • License revocation for 1 year
  • Required alcohol screening/education/treatment
  • Certified ignition interlock device installation
  • Community service

Long-term Implications

Permanent Disqualification for Certain Offenses

Certain DUI-related offenses can result in permanent disqualification from holding a CDL. This means that even a single, severe infraction can permanently end a commercial driving career. Examples of these severe infractions include:

  • Driving a commercial vehicle under the influence of alcohol (with a BAC of 0.04 percent or higher).
  • Refusal to undergo alcohol testing as required by law.
  • Leaving the scene of an accident involving a commercial vehicle.
  • Using a commercial vehicle to commit a felony.

For CDL holders, maintaining a clean driving record is essential for employment. A single severe DUI offense not only ends the ability to drive commercially but also eliminates the potential to work in an industry highly reliant on these qualifications.

Greater Insurance Premiums and Difficulty Obtaining Insurance

A DUI conviction increases your insurance premiums due to increased perceived risk. Premiums can double or triple, and some insurers may refuse coverage altogether. Finding coverage becomes difficult, yet it’s essential for legally operating a commercial vehicle. Additionally, DUI offenders may need to file an SR-22 certificate, verifying minimum insurance requirements, further complicating and increasing insurance costs.

Repercussions on Reputation and Career Advancement

Reputational damage from a DUI conviction can deeply impact personal and professional relationships. Friends, family, and acquaintances may view you negatively, affecting social interactions and trust. Professionally, colleagues and supervisors may see you as irresponsible or untrustworthy, hindering career progression. This perception can also limit job opportunities, especially in roles requiring a clean driving record or background check. Rebuilding your reputation will require extensive rehabilitation efforts, including demonstrating consistent responsibility and engaging in community service or other positive social contributions.

The Importance of Legal Representation

As a commercial driver in Phoenix, the aftermath of a DUI charge can be overwhelming – both professionally and personally. The legal implications are severe, potentially leading to license suspension, job loss, and long-term career setbacks. However, with skilled legal assistance, you can handle this challenging situation and mitigate the severe implications of a DUI charge, safeguarding your future and career.

At The Molina Law Group, PLLC, we understand the high stakes and unique challenges you face. Our team is committed to providing robust legal defense tailored specifically for CDL holders in Phoenix.

Our approach is grounded in integrity, as we prioritize honesty and transparency in all our interactions. We experience every case with an attorney who possesses a thorough understanding of DUI laws and regulations affecting commercial drivers. Moreover, we offer personalized attention to ensure each case receives the individualized focus it deserves, ensuring you receive the highest quality legal representation.

Trust us to navigate the complexities of Arizona’s DUI laws, protect your rights, and strive for the best possible outcome. Call us at (602) 718-1249 or contact us online for a free consultation!

Edwin A. Molina III

The Molina Law Group focuses on two
areas of law; Criminal Defense and Personal
Injury - Call Us Now - (602) 718-1249