Which of the following is NOT an element of ARS 28-1381A.4 for CDL DUI?

The correct choice identifies an element that does not belong to the legal definition as outlined in ARS 28-1381A.4 regarding DUI for commercial driver's license (CDL) holders. This specific statute outlines the conditions under which a CDL holder can be charged with DUI.

The requirement for an alcohol concentration of 0.05 reflects the legal threshold that is considered for CDL DUI offenses. However, under ARS 28-1381A.4, the legal limit for commercial drivers is actually set at 0.04 or higher. Therefore, an element specifying 0.05 does not accurately represent the law, making it the correct choice in identifying something that is NOT part of the statute’s definition for DUI in commercial contexts.

In contrast, the other choices correctly reflect the elements defined in the law: driving or being in physical control of a vehicle, the vehicle being a commercial motor vehicle, and the offense occurring within state jurisdiction are all foundational components of the statute that outline what constitutes DUI for individuals operating commercial vehicles.