Aggravated DUI with a Suspended License in Arizona: ARS 28-1383(A)(1) click for a free consultation

Posted on May 23, 2025 in Arizona Revised Statutes,Drunk Driving Charges

Driving with a license that is suspended, cancelled, or revoked while under the influence is an “aggravated DUI” in Arizona under Arizona Revised Statute (ARS) 28-1383(A)(1).

And if you are convicted of driving under the influence (DUI) of alcohol or drugs while your license is suspended, you will be charged a class 4 felony under Arizona law. 

This means your motor vehicle can be impounded, and you face mandatory prison time, a fine, and other penalties.

If you have been charged with aggravated DUI while driving with a suspended license, you need premium legal defense, so please call Rosenstein Law Group at (480) 248-7666.

Aggravated DUI with a Suspended, Cancelled or Revoked License in Arizona

Under ARS 28-1383(A)(1), a convicted of a DUI while driving with a suspended, cancelled or revoked driver’s license is an aggravated DUI in Arizona and is a class 4 felony.

• It does not matter whether the underlying DUI is a misdemeanor DUI, extreme DUI, or super extreme DUI. The law will increase the charge to aggravated DUI no matter what your blood alcohol content was.
• It does not matter if you were driving with a restricted license (I.e., to-and-from work/school permit, etc.), you can still be charged with aggravated DUI.

If you are convicted of DUI while driving with a suspended or revoked license, then you will not be able to qualify for commutation or suspension of your sentence, or for a pardon, probation, or release, until you have served a minimum of four months in prison (not jail).

What are the Penalties of Violating ARS 28-1383(a)(1)?

If you are convicted of an aggravated DUI while on a suspended, cancelled or revoked license in Arizona, the penalties may include:

• Prison sentence: One to 3.75 years for first-time offenders
• Fines: A minimum of approximately $4,000
• No eligibility for probation, pardon, commutation, or suspension of sentence or other release until at least four months in prison sentence have been served.
• License revocation by the Arizona Motor Vehicle Division for up to one year.
• A requirement to install an ignition interlock device into any vehicle you drive, for up to two years.
• Required attendance for alcohol and substance abuse education and treatment before your driving privileges can be reinstated.
• Possible community service.

Defenses to a Charge of Driving with a Suspended License

Depending on the circumstances, you may have one or more possible defenses to a charge of Aggravated DUI with a suspended, cancelled, or revoked license. 

Here are some of the more common defenses that may be available to you.

Evidentiary Problems

In an aggravated DUI on a suspended, cancelled, or revoked license case, the prosecution must prove each element of the charge beyond a reasonable doubt. 

If you can successfully cast reasonable doubt on any one element of the prosecution’s case, then you can defeat the charge(s) against you.

So, if you can show that your license was not suspended when the police officer stopped you, or that at the time you were not in actual physical control of the motor vehicle in question, these could create evidentiary problems for the prosecution.

You Had No Knowledge that Your License was Suspended, Cancelled, or Revoked

The prosecution must show that you knew, or should have known, that your license was suspended, cancelled, or revoked. 

If you can show that you lacked this knowledge and that you had no way of knowing the status of your license, this can be a viable defense to a charge of aggravated DUI with a suspended, cancelled, or revoked license. 

But if you claim that you did not receive actual notice of the suspension, revocation, or cancellation of your license, you will still need to be able to overcome a rebuttable statutory presumption that you have constructive knowledge of the license suspension, cancellation, or revocation if the prosecution can prove that ADOT dutifully mailed you notice of such.

Your Constitutional Rights Were Violated

Sometimes, the arresting officer can make mistakes observing your rights under the U.S. or Arizona constitutions during the process of stopping you.

These can include not having reasonable suspicion to make the traffic stop in the first place, the officer lacked probable cause to believe that you were in actual physical control of a motor vehicle while impaired and your license was suspended, cancelled, or revoked, or illegally obtaining an incriminating statement from you in violation of your Miranda rights.

Have You Been Charged for DUI with a Suspended, Revoked, or Cancelled License?

If you are found guilty of aggravated DUI due to having a suspended, revoked, or cancelled license, you will have a class 4 “aggravated” felony on your record that can have dire consequences, including the loss of some of your civil rights, like being able to possess a firearm or to vote.

At Rosenstein Law Group, our experienced Arizona DUI defense lawyers defend people from aggravated DUI charges.

Call us at (480) 248-7666 for immediate assistance at any time, or complete our online contact form to schedule a free consultation.