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What Are The Consequences in Arizona for Driving on a Suspended License After a DUI?

If you’re in Arizona facing your first DUI charge you may be stressing about the consequences. Aside from the financial stress of fines and fees, restrictions on where and when you can drive can affect your commute to work, and leave you more frustrated than ever.

Your license may be suspended but it’s important to know the exact parameters of your sentence. In some cases, even in the midst of jail time, offenders are still allowed to leave for the workday which can help when dealing with the costs of the charge itself.

Even after you’ve completed your required jail time, paid all your fines, and finished your counseling, you’ll need to file to have your license reinstated. So whether you’re grappling with the consequences, or trying to understand life after completing your sentence, it’s important to understand the state’s full expectations for your future.

Driving on a Suspended License

Even before a DUI is involved, just driving without a current license can get you in a lot of trouble. According to ARS 28-3743, it’s illegal to drive on a public roadway while your privilege is revoked, suspended, canceled, or refused —and driving without a valid license is a class 1 misdemeanor. Couple this with ARS 28-3511 and police not only have the right to arrest you on the spot but can also impound your vehicle for 30 days.

Although there is no mandatory jail time tied to the first offense, offenders can eventually face up to 6 months in jail. The stakes will rise for repeat offenders, as anyone with a prior conviction for driving on a suspended license in Arizona will face mandatory jail time. For the second offense, a prosecutor normally sentences 5 days in jail, but this quickly jumps to 30 days for the third offense. By the fourth, offenders are looking at 90 days and an entire 6 months for the fifth offense.

What Happens to Your Driver’s License when You Get A DUI?

At the moment of inspection, an officer may decide to take a blood sample from a DUI suspect to evaluate their blood alcohol level. This sample may take weeks or months to be processed, but the evidence will hold the final verdict on whether the suspect was driving under the influence.

In the meantime, the officer may take away the suspect’s physical license and give them an Admin Per Se/Implied Consent Affidavit. This paper states that the suspect’s license will be suspended for 90 days, 15 days from when it was served. For the first 30 days, they will not be allowed to drive at all. Over the final 60 days, they will be eligible to get a To-To-From Work and School driving permit.

The suspect also has the option to request a hearing if they do not believe their blood alcohol level was above .08 or can prove they were not under the influence of any other substance. In doing so, they put off their 90-day suspension until the date of the hearing, but it is unlikely that they will completely escape the 90-day penalty.

Finally, even if the police do not confiscate the license directly they may file for the Department of Motor Vehicles to do so. If the blood test results come back positive, an officer can send paperwork to the Department of Motor Vehicles who will process the request, and mail out a notice of the defendant’s 90 license suspension, which will begin 20 days from the day it was mailed out.

First Offense DUI

A standard first-time DUI charge will come with about $1,600 in fines and fees. In addition, those charged can see anywhere between one day to six months in jail —depending on the verdict. However, it’s rare that a first-time offender truly sees a full 6-month sentence. Instead, courts will often sentence a party to probation. This term can be for up to five years, although as soon as someone pays off their fines and fees, does their counseling and jail time, the probation will be lifted.

All DUI convictions also require the installation of an ignition interlock device. This handheld breathalyzer will only allow the user to start their car if they can pass a breath alcohol test. For first-time offenders, this device will only need to be installed for one year.

Second Offense DUI

While a first-time offense comes with a little leeway, a second DUI can be charged as either a misdemeanor or a felony. If the offender receives the DUI after having their license reinstated, and is driving without an ignition interlock device or any children in the car they will likely be charged with a misdemeanor. The minimum jail time for this sentence is 30 days and comes with higher fines and fees than the first offense.

If the DUI is charged as a felony the terms will be much more difficult. A first aggravated DUI felony charge can mean anywhere between 4 months in the Department of Corrections to 3.75 years in prison. Fees and fines will total at about $4,500 and offenders can expect to see more required counseling and longer required use of the ignition interlock device.

Alternatives to Jail Time

Different courts offer offenders different options after being charged with a DUI, and Phoenix is the only city in Arizona that offers both home detention and continuous alcohol monitoring. In addition, while justice courts do not, all city courts offer home detention. This is often easily coupled with a work release, which all courts offer, but some may insist on a work furlough instead.

A work release will allow a person to leave home for 12 hours a day 6 days a week to go to work before reporting back to jail. Work furlough on the other hand, is much stricter. The probation department will get in touch with your employer to ensure that you are working, and go over your paychecks before you can deposit them. They will take out a fee for their services, and in some cases, this will amount to the whole check.

In addition, if the offender does not want to use the ignition interlock device they may have alternatives as well. If the court allows it, the party may qualify to wear an ankle monitor for a year instead of using the ignition interlock device. This provision initially came into place for people with certain medical conditions who cannot blow into a device or motorcyclists for whom the device may be too dangerous to carry.

How to Reinstate Your License

If your license is revoked, you may apply for a new license after completing your sentence or as your revocation period expires. Your driving record will be investigated to ensure that all the sentenced requirements were met, and if they find you’re all set you can reinstate your license for just $20.

If your license is suspended —even for a set period of time— it will remain suspended until you have it reinstated. The fee to do so is typically only $10, but often after a DUI charge the fee may jump up to $50.