A commercial driver in Michigan can be charged for driving a commercial vehicle with a blood alcohol content of 0.04 or more (MCL 257.625m), and a first DUI conviction or test refusal disqualifies a CDL holder for 1 year, or 3 years when hauling hazardous materials, with a lifetime disqualification for a second, under federal rule 49 CFR 383.51. The federal disqualification can apply even when the offense happened in a personal vehicle.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
CDL DUI at a glance
| State charge | MCL 257.625m. Operating a commercial motor vehicle with a BAC of 0.04 or more but less than 0.08. |
|---|---|
| First offense | Misdemeanor, up to 93 days or a fine up to $300. |
| One prior within 7 years | Up to 1 year in jail or a fine up to $1,000, or both. |
| Two priors within 10 years | Felony. Fine of $500 to $5,000 and either 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service. |
| Federal disqualification | 49 CFR 383.51. DUI conviction or alcohol test refusal: 1 year, 3 years if hazardous materials, and life for a second. |
| 0.04 while driving a CMV | 1 year, 3 years for hazardous materials, life for a second. This row does not apply to non-commercial driving. |
| Personal vehicle | A DUI conviction while driving a non-commercial vehicle still triggers a 1-year disqualification of a CDL or CLP holder. |
| Roadside test | Refusing a preliminary breath test while operating a commercial vehicle is a misdemeanor and brings a 24-hour out-of-service order (MCL 257.625a). |
| Refusal | First refusal suspends all vehicle group designations for 1 year. A second refusal within 10 years is revoked for not less than 10 years (MCL 257.625f). |
Disqualification periods and state sanctions run separately. A misdemeanor plea can still end a career.
Why the defense differs
- The license is the real stake. The goal is often to avoid any conviction that triggers disqualification, not just to avoid jail.
- The vehicle and the limit. Whether you were driving a commercial vehicle decides whether the 0.04 limit applies.
- The test. Equipment, procedure and timing are reviewed as in any OWI case.
- Plea wording. The exact charge of conviction matters for the federal disqualification.
Related pages: DUI and OWI defense, refusing a chemical test and first-offense OWI.
Frequently asked questions
What is the BAC limit for a commercial driver in Michigan?
0.04, when operating a commercial motor vehicle under MCL 257.625m.
How long is a CDL disqualification for a first DUI?
1 year, or 3 years if the vehicle was transporting hazardous materials, under 49 CFR 383.51. A second offense means a lifetime disqualification.
Can a DUI in my own car affect my CDL?
Yes. A DUI conviction while driving a non-commercial vehicle still results in a 1-year disqualification of a CDL holder.
Talk to a Detroit CDL defense attorney
Call Attorney Kevin Bessant at 313-658-8159 before you decide on a plea. We are in Detroit, Eastpointe and Southfield.
Legal Authority
See MCL 257.625m, 257.625a and 257.625f in the Michigan Legislature’s MCL database and 49 CFR 383.51. This page is general information, not legal advice.