What is a Suspended License DUI in Arizona? Legal Consequences and Defense Options
Operating a vehicle while under the influence when your driver's license has already been suspended creates a serious legal situation in Arizona. This offense falls under Arizona Revised Statutes § 28-1383(A)(1) and becomes an aggravated charge. The state treats this as a felony offense because you are breaking two laws at the same time.
Your driving privileges can be taken away for several reasons. Common causes include violations under § 28-1381 for driving under the influence, § 28-1382 for extreme and super extreme DUI cases, and § 28-1385 for incidents involving serious injury or death.
Arizona uses a points system to track driving violations. When you collect too many points, the Motor Vehicle Department (MVD) can take away your license. A driving under the influence charge adds eight points to your record. Other eight-point violations include extreme DUI, reckless driving, and aggressive driving.
Additional violations that add points include:
- Hit-and-run accidents or failure to yield: six points
- Speeding violations: three points
- Other moving violations: two points each
The Arizona MVD will automatically suspend or revoke your license if you are convicted of driving under the influence of alcohol, drugs, or toxic vapors. You don't need a prior DUI to lose your license. Accumulating points from other traffic violations can also result in suspension.
Consequences for Operating a Vehicle During License Suspension
When you drive during a license suspension period in Arizona, you face administrative and criminal penalties. The state can impound your vehicle for up to 30 days as an administrative action.
Arizona law does not allow leniency for this offense. Under subsection D of 28-1383, you cannot have your sentence commuted, suspended, or pardoned. You are not eligible for probation or early release until you serve at least four months in prison.
This charge is classified as a class 4 felony in Arizona. Felony convictions carry long-term consequences beyond jail time. You may face:
- A permanent criminal record
- Difficulty finding employment
- Loss of voting rights
- Restrictions on firearm ownership
- Higher insurance rates
An ignition interlock device may be required as part of your penalties. This device connects to your vehicle's ignition system and requires a breath sample before the engine will start.
Differences Between License Suspension and Revocation
Arizona law treats suspended licenses and revoked licenses differently. Understanding this distinction matters for your case.
A suspended license has specific start and end dates. You know exactly when your suspension period ends. Once this period is over, you can pay a reinstatement fee to get your driving privileges back.
A revoked license works differently. This type of action has no set end date. You cannot simply wait out a revocation period.
Getting your license back after revocation requires a formal review process. The MVD must approve your reinstatement application. This process involves demonstrating that you meet all requirements to drive safely again.
Key differences:
| Suspended License |
Revoked License |
|
Definite suspension period with end date |
Indefinite suspension with no set end date |
|
Automatic reinstatement available after paying fee |
Requires approval through review process |
|
Set timeline for getting privileges back |
No guaranteed timeline for reinstatement |
Both offenses carry the same penalties in Arizona. Driving on a suspended license brings the same class 4 felony charge as driving on a revoked license.
You should also know that restricted driving permits do not protect you from aggravated charges. If you receive a restricted license that allows limited driving during your suspension, getting a DUI while using this permit still counts as an aggravated offense.
Even if you think your suspension has ended, you must complete the full reinstatement process. Failing to properly reinstate your driver's license means your next DUI could be charged as aggravated because you still lack a valid license.
Get Help from Phoenix DUI Lawyer Law Firm
A class 4 felony charge for driving under the influence with a suspended or revoked license puts your future at risk. Felony charges carry harsher consequences than misdemeanor offenses.
You need experienced legal representation when facing these serious charges. An aggravated DUI conviction can affect your employment, housing, and personal freedom for years to come.
Phoenix DUI Lawyer Law Firm offers a free case review for aggravated DUI cases. This confidential consultation lets you understand your legal options without any obligation.
Contact Phoenix DUI Lawyer Attorneys at Law at (602) 900-9891 to discuss your situation. Our criminal law team provides strong defense strategies for DUI cases throughout Arizona.
