Can a person with a cdl get a dwi with a blood alcohol content of . 04 in a non commercial vehicle?

Someone with or without a CDL could get a DUI for even less. The law isn't that, "if your BAC is below this, you won't get tagged for DUI". The BAC limits are only the point where you MUST be cited for DUI - all an officer has to do is believe you to be impaired, and you can be cited (and arrested) for DUI.