DUI On a Suspended License in Phoenix
Phoenix Aggravated DUI Lawyer Representation
In the state of Arizona, it is considered an aggravated DUI charge to drive
under the influence of alcohol or drugs while your license is suspended,
canceled, revoked or refused. This law can be found in the Arizona Revised
Statutes § 28-1383(A)(1). Why might a person's driving privileges
be revoked? There are a few different scenarios which could warrant a
suspended or revoked license:
- § 28-1381: Driving under the influence
super extreme DUI
- § 28-1385: DUI involving serious injury or death
A DUI is not the only way for someone's license to be suspended. In
Arizona, there is a driver's license points system. If a driver incurs
enough points against their license, then their license could be revoked
or suspended. DUI, extreme DUI and even reckless or aggressive driving
are all eight points against a person's driver's license.
Hit-and-run accidents or failure to yield are six points, speeding is three
points and other types of moving violations are two points. The Arizona
Motor Vehicle Department (MVD) will automatically suspend or revoke a
license for driving under the influence of alcohol, drugs or toxic vapors.
If you have been arrested for the aggravated DUI offense of driving while
your license is suspended, then contact a
Phoenix DUI attorney from our firm as soon as possible.
Penalties for Driving While License Is Suspended
One of the administrative penalties for driving on a suspended license
in Arizona is vehicle impoundment for up to 30 days.
According to subsection D of 28-1383, drivers convicted of driving with
a suspended or revoked license are not able to commute, suspend, or pardon
a sentence, and are not eligible for probation or release, until they
have served at least 4 months in prison. As a class 4 felony offense in
Arizona, driving on a suspended / revoked license is a serious crime that
poses severe penalties.
Suspended vs. Revoked Licenses
The state of Arizona makes a distinction between licenses that are suspended
and licenses that are revoked. A suspended license will have a set start
and end date. Drivers who have their licenses suspended can pay a reinstatement
fee once their suspension period is over. A revocation, on the other hand,
does not have a definite end date. To reinstate a revoked license, a driver
must undergo a review and be approved before they can get their driving
Even if you have been approved for reinstatement or your suspension period
is over, you must complete the process of reinstatement or else your next
DUI could be charged as an aggravated DUI for not having a valid license.
Although they are different offenses, the penalties are the same. Driving
on a suspended license is a class 4 felony just as driving on a revoked
license is. You must also be careful if you have been issued a restricted
driving permit while your regular driving privileges have been suspended.
A DUI, even if you were in possession of a restricted license at the time,
can be charged as an aggravated DUI.
Contact Knowles Law Firm, PLC!
If you have been arrested for driving under the influence while your license
is suspended, revoked or otherwise canceled, then you face the possibility
of a class 4 felony. The penalties for felony DUI can be much more serious
than misdemeanors. When there is much at stake, put your case in the hands
of a qualified DUI attorney like the ones at our firm. Take the first step and
contact Knowles Law Firm, PLC today for a free and confidential review of your aggravated DUI case.