DUI On a Suspended License in Phoenix

Basics of a DUI on a Suspended License Charge

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
• § 28-1382: Extreme and 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 his or her 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 each. The Arizona Motor Vehicle Department (MVD) will automatically suspend or revoke a license for driving under the influence of alcohol, drugs or toxic vapors.

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 privileges back. 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 in the same way that 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 aggravated DUI attorney like the ones at our firm.