DUI & Criminal Defense

111 East Taylor Street, Suite 120
Phoenix, Arizona 85004

CHAPTER 9:

Aggravated DUI: Suspended License

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A $50.00 Felony?

  • Notice Requirement
  • Legal Decisions
  • Impairment
Aggravated DUI Suspended License Arizona

Misdemeanor DUI cases can become felonies.  That is, conduct that would normally be a misdemeanor DUI in, will result in felony (a.k.a Aggravated DUI), if certain additional circumstances are present. One such set of circumstances concerns the status of your driver’s license at the time of arrest.

Aggravated DUI Suspended License

Put another way, if you fail to pay the $50 reinstatement fee to MVD after a suspension, and then get a DUI, it’s now a felony.

Driver's License Problems

There are several scenarios where a specific kind of driver’s license problem will turn a misdemeanor DUI into a felony Aggravated DUI.

Suspended Driver's License Aggravated DUI
Suspended Driver's License

A suspension is the temporary removal of a driving privilege. After a suspension period has ended a driving privilege remains suspended.

A person accused of DUI could not be presumed to have actual notice of suspension of license, for purposes of statute permitting enhancement of defendant’s punishment for driving while intoxicated at time when license was suspended, simply by virtue of state’s mailing of notice of suspension to defendant, where notice was sent by certified and not by registered mail and was not correctly addressed to defendant’s last-known address. 

For purposes of double-jeopardy analysis, the requirement of prior convictions for DUI does not make the prior convictions lesser-included offenses of the offense of aggravated DUI.

REVOKED DRIVER'S LICENSE AGGRAVATED DUI
Revoked Driver's License

A revocation is a termination of a driving privilege. After the revocation period ends a person's driving privilege remains revoked.

CANCELLED DRIVER'S LICENSE AGGRAVATED DUI
Cancelled Driver's License

A driver’s license cancellation is similar to both a suspension and revocation. It means a privilege to drive has been terminated without prejudice.

A person whose license can been cancelled is eligible to immediately apply for a new license. See A.R.S. 28-3301.

Restricted Driver's License Aggravated DUI
Restricted Driver's License

A driver’s license restriction limits when a person may drive. It can also may require that a person meet specific conditions to drive.

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