Joshua A. Lopez, Esq.

Criminal Defense Lawyer in Arizona

Smart Defense. Strong Results.

Attorney Josh

Commercial Driver DUI Lawyer Phoenix

Commercial drivers in Phoenix hold a high level of responsibility—and when they’re accused of driving under the influence, the stakes are much higher. A DUI charge for a commercial driver doesn’t just mean fines or jail time; it can mean the loss of your livelihood, reputation, and future earning potential.

At Attorney Josh, we understand what’s on the line. Joshua A. Lopez, Esq., known throughout Phoenix and Scottsdale for his sharp legal mind and aggressive defense tactics, has helped commercial drivers beat DUI charges and preserve their Commercial Driver’s License (CDL). If you’re searching for a Commercial Driver DUI Lawyer in Phoenix who delivers strong defense and strong results, you’re in the right place.

Understanding Commercial DUI Laws in Phoenix

In Arizona, commercial drivers are held to a stricter standard when it comes to blood alcohol concentration (BAC). While the legal limit for non-commercial drivers is 0.08%, commercial drivers operating a commercial motor vehicle (CMV) face DUI charges at just 0.04% BAC.

Arizona DUI laws under A.R.S. §28-1381 and §28-1382 outline the offenses, and commercial drivers may be charged under these sections even if they’re driving a personal vehicle.

Some key takeaways:

BAC of 0.04% or higher while driving a CMV = DUI
BAC of 0.08% or higher in a personal vehicle = DUI
Refusing a chemical test = automatic license suspension
A DUI conviction = 1-year CDL disqualification minimum, even for a first offense

The Harsh Penalties for Commercial Driver DUIs

When a commercial driver is arrested for DUI in Phoenix, the consequences go far beyond what a typical motorist might face. Here’s what’s at risk:

CDL disqualification for at least one year, or lifetime for a second offense
Loss of employment or inability to be hired as a commercial driver
Increased insurance premiums or inability to get insured
Jail time, probation, and court-ordered classes
Criminal record, which may affect other types of professional licenses

Even if you were driving your own personal car and not a commercial vehicle at the time of arrest, you can still lose your CDL. That’s why hiring an experienced Commercial Driver DUI Lawyer in Phoenix is absolutely critical.

Why Commercial Driver DUIs Are More Complex

There are many technical and legal complexities that make CDL DUIs more difficult than standard DUIs:

1. Lower BAC Threshold

A DUI can be triggered at just 0.04% BAC in a commercial vehicle, making the margin for error extremely small.

2. Higher Standard of Proof

Many commercial drivers are held to a federal safety standard, which means a DUI conviction can trigger FMCSA (Federal Motor Carrier Safety Administration) consequences, even if state charges are dropped or reduced.

3. Employment Ramifications

A DUI arrest can result in immediate job loss, even before you’re convicted. Companies often terminate employees after a DUI charge due to liability concerns or insurance requirements.

4. Immediate License Suspension

Under Arizona’s Admin Per Se Law, your license can be suspended immediately if you test over the legal limit or refuse testing—even before you go to court.

This is why you need a Commercial Driver DUI Lawyer in Phoenix who knows how to navigate both the criminal and administrative sides of your case.

How Attorney Josh Builds a Smart Defense

At Attorney Josh, we don’t take a one-size-fits-all approach to defending DUI charges. Instead, we tailor a strategy specifically for commercial drivers, focusing on ways to beat the case entirely or minimize its impact on your CDL and career.

1. Challenging BAC and Test Results

Breathalyzers and blood tests are not infallible. We examine:

Calibration records
Chain of custody of samples
Operator error
Time of testing vs. time of driving

If there’s any flaw in the testing process, we’ll uncover it and use it to challenge the evidence.

2. Investigating the Stop

Was the traffic stop legal? Was there probable cause? Were your constitutional rights violated? If not, we may be able to suppress the evidence entirely.

3. Fighting License Suspension

We represent you at the Motor Vehicle Division (MVD) hearing to contest your license suspension and protect your CDL.

4. Negotiating Reduced Charges

If the case can’t be dismissed outright, we fight to reduce the charge to something that doesn’t disqualify your CDL, such as reckless driving.

5. Understanding the Impact on Your Career

We understand how one mistake can jeopardize your job. We don’t just focus on beating the charge—we fight to protect your future.

What to Do After a DUI Arrest as a Commercial Driver

If you’re a CDL holder and have been arrested for DUI, here’s what you should do immediately:

Do not admit guilt.
Anything you say can be used against you.
Request legal representation.
Politely decline to answer further questions until you speak with your attorney.
Write down everything.
Time, location, behavior of officers, witnesses, etc.
Request a hearing with the MVD.
You only have 15 days to request this hearing before your CDL is automatically suspended.
Contact a Phoenix Commercial Driver DUI Lawyer.
The sooner you involve a lawyer, the better your chances of keeping your license.

CDL Holders and First-Time DUIs

Many commercial drivers charged with DUI in Phoenix are first-time offenders. While that may help avoid jail time in some cases, it does not reduce the severity of CDL consequences.

Even a first offense with no criminal record can result in:

1-year CDL disqualification
Employment termination
Probation and fines

Attorney Josh works to ensure that one mistake doesn’t define your future. We explore every legal angle to minimize the impact and keep you on the road.

CDL and DUI Refusals in Phoenix

Refusing a chemical test (breath, blood, or urine) in Arizona can be even more damaging than failing it. For CDL holders, refusal typically means:

1-year CDL disqualification, even with no DUI conviction
Immediate license suspension
Use of refusal as evidence in court

We aggressively fight refusals by examining whether:

You were properly informed of the consequences
The test request was legal
There were medical or other valid reasons for your refusal

A knowledgeable Commercial Driver DUI Lawyer in Phoenix can help you build a compelling defense.

Federal DOT and FMCSA Consequences

Beyond Arizona’s laws, your DUI charge may also affect your federal compliance with Department of Transportation (DOT) and FMCSA regulations.

These consequences include:

Disqualification from interstate driving
Loss of hazmat endorsements
Federal record showing DUI under 49 CFR § 383.51

Attorney Josh understands both state and federal implications of DUI charges and crafts defenses to protect your commercial driving privileges at all levels.

Why Choose Attorney Josh for CDL DUI Defense

At Attorney Josh, we don’t just defend charges—we protect futures. Joshua A. Lopez, Esq., brings smart strategy, aggressive advocacy, and an unwavering commitment to every client.

Here’s what sets us apart:

Offices in both Scottsdale and Phoenix
165+ 5-star Google reviews
Proven track record with CDL DUI defense
Aggressive representation at both court and MVD hearings
Personalized attention—we know what’s at stake for your career

You’ve worked hard to build your career as a commercial driver. Don’t let one accusation take it all away.

How We Can Help

If you’re a commercial driver facing DUI charges in Phoenix, you need more than just a regular DUI attorney—you need a Commercial Driver DUI Lawyer in Phoenix who understands the high standards and severe consequences that come with holding a CDL.

At Attorney Josh, we use smart legal strategies, aggressive defense tactics, and deep knowledge of both Arizona DUI laws and FMCSA regulations to protect your license, your freedom, and your future.

Contact us today to schedule a confidential consultation. Let’s build your defense together.